Court hearing in Colorado theater shooting zeroes in on James Holmes' notebook

AFP - Getty Images file

A photo of Colorado theater shooting suspect James Holmes released Sept. 20, 2012.

A Colorado court on Monday heard testimony of police involved in the investigation of James Holmes, suspect in the July 20 shooting rampage in an Aurora, Colo., theater that left 12 dead and 58 wounded.

The pretrial hearing in Denver focused on a package that Holmes sent to a University of Colorado psychiatrist, but that never reached its destination. It was discovered in the campus mailroom several days after the mass shooting.

Defense attorneys for Holmes are trying to determine who leaked information about the package to Fox News, which reported that it contained a notebook detailing violent plans.


As the day came to a close with no admission of the leak, defense attorneys said they planned to subpoena Fox reporter Jana Winter who wrote about the notebook's purported writings and drawings, citing an unnamed law enforcement source.

"Inside the package was a notebook full of details about how he was going to kill people," the source reportedly said according to Winter's report. "There were drawings of what he was going to do in it — drawings and illustrations of the massacre."


Holmes' attorneys called the University of Colorado four days after the attack and asked the school to return the package, according to testimony on Monday. They contend the disclosure about its contents violated a gag order.

Holmes appeared in court wearing a full beard, a prison jump suit and shackles. He remained silent during the hearing.

Holmes was wide-eyed as he has been in previous court appearances. He looked around the courtroom, which was full for the proceedings.

There were about half a dozen shooting survivors and family members of victims present in court.

Monday's hearing was delayed from Nov. 14 after Holmes was sent to a hospital for an injury, according to the Denver Post. Citing unnamed sources, the Post reported that Holmes had injured himself by ramming his head into a wall at the Arapahoe County jail. At Monday's court appearance, there was no apparent sign of injury.

In testimony Monday, bomb squad officers said the package, addressed to the psychiatrist Dr. Lynne Fenton, was X-rayed for explosives and checked for biohazards after its discovery in the university mail room on July 23.

According to testimony, once the package was "cleared," five witnesses were present as the notebook was taken out of a plastic evidence envelope.

Watch US News crime videos on NBCNews.com

Campus police Chief Doug Abraham removed the notebook and Aurora police detective Alton Reed "thumbed through it" to examine "burned currency" in the pages of the notebook. Three other officers were present: campus police Cmdr. James Myrsiades, campus police officer Dale McCauley and Aurora police officer Jason McDonald.

All the witnesses said they could see that there was some writing in the notebook. Only McDonald testified that he could see some of the text.

The shooting happened at the Century Aurora 16 theater during a screening of the Batman film "The Dark Knight Rises." Holmes was arrested in the theater parking lot shortly after the shootings and told officers his apartment contained explosives, police said. That information prompted evacuation of Holmes' apartment building and those surrounding it while law enforcement teams disarmed what they said was the jumble of wires and explosive devices set to detonate by trip wires.

Holmes is charged with two counts of murder for each of 12 dead shooting victims, two counts of attempted murder for each of the injured, and one count of possession of explosives.

Legal observers believe the case will be dominated by arguments over Holmes' sanity.

Holmes allegedly began stockpiling weapons and ammunition for the shooting perhaps months before the incident. About a month before the shootings, Holmes had withdrawn from a Ph.D program in neuroscience at the university. There are varying accounts of whether he was a formal patient of Dr. Fenton.

NBC News' Kari Huus and The Associated Press contributed to this report.

More content from NBCNews.com:

Follow US news from NBCNews.com on Twitter and Facebook

 

Discuss this post

I can't even look at his picture, it makes me sick and so sad. =(

  • 7 votes
Reply#1 - Mon Dec 10, 2012 7:23 PM EST

He is working hard on that look & maintaining it.

    #1.1 - Tue Dec 11, 2012 1:16 AM EST

    I sincerely wish they'd stop using any photos of him where he's staring straight at the camera. The man is clearly disturbed; we don't need to be reminded of that so vividly with each article.

    That being said, disturbed or not, he KNEW what he did was wrong. Mailing the notebook was a last cry for help of some sort.

    • 4 votes
    #1.2 - Tue Dec 11, 2012 2:40 AM EST

    How convenient for the University that the mailroom was "unable" to deliver the package to the campus psychiatrist. I smell a LIE.

    • 1 vote
    #1.3 - Tue Dec 11, 2012 5:13 PM EST
    Reply

    Legal observers believe the case will be dominated by arguments over Holmes sanity.

    Those are some very astute observers.

    • 6 votes
    Reply#2 - Mon Dec 10, 2012 7:24 PM EST

    I'm sorry everyone but I think this guy is nuts and belongs in a Hospital not a jail.

    • 5 votes
    Reply#3 - Mon Dec 10, 2012 7:32 PM EST

    I agree he should be in a hospital, as a lab rat for experiments with a high fatality rate.

    • 10 votes
    #3.1 - Mon Dec 10, 2012 9:51 PM EST

    Death penalty , only cure & only way to make sure this man never gets out to continue he spree. Only down fall is the expenses due to attorney fees, if when there is no doubt of guilt.

    • 3 votes
    #3.2 - Tue Dec 11, 2012 1:18 AM EST

    I'm not dead-set against the death penalty, but I do think in this case that prison will punish him more. I suspect he will fare very poorly there.

    • 1 vote
    #3.3 - Tue Dec 11, 2012 5:50 AM EST
    Reply

    I have no doubt that he has some mental issues, but I don't think he's truly crazy (psychotic). Someone who is truly insane wouldn't have it together enough to meticulously plan, purchase weapons for and kill innocent people.

    • 8 votes
    Reply#4 - Mon Dec 10, 2012 7:47 PM EST

    Umm. Ever hear of A Beautiful Mind? John Nash is an example of mental illness co-existing with high intelligence. It's often a gradual process. You don't go to bed normal one night and wake up the next day bug sh*t crazy in most cases. And are you offering your opinion as a licensed psychiatrist or psychologist or are you just pulling an opinion out of your non-mental health professional behind?

    • 5 votes
    #4.1 - Mon Dec 10, 2012 9:33 PM EST

    This ain't no movie, and he is as crazy as he wants to be. Lets remove his brain and find out.

    • 3 votes
    #4.2 - Mon Dec 10, 2012 9:54 PM EST
    Lenny12Deleted

    Gutsy girl, because we have rational minds we want to think he is crazy because we don't think the same way, nor can we relate to his way of thinking.. He could be perfectly sane without a conscious/empathy/sympathy..

    That face he makes is just him wanting folks to think he is crazy.. Hell I could take the same picture and post it here and you all would think I was bat @!$%# crazy by looking at my eyes..

    I think the man is sane, because how many people insane that you know can plan that attack, horde that mass amount of guns and ammunition, drive to a movie theater, prop a door open, go to the car retrieve the guns, go in and speak a line from the movies, and start aiming to kill..

    I have had clients snap and go through what we call disassociation, or a psychotic break.. They have no clue what they are doing, such as catching a bed on fire and locking themselves in a room while speaking in tongues.. Walking around like a zombie not knowing what day or time it is, they can barely take their own pants off to pee let alone think out that type of plot to attack a movie theater..

    Some Lame Name Here - I'll give you my opinion.. ^^ How is my fine sexy friend doing?

    • 3 votes
    #4.4 - Tue Dec 11, 2012 12:50 AM EST

    Hey Gusty, sereal killers are good at what they do, evil, no feelings of guilt however I wouldn't they are normal.

    • 2 votes
    #4.5 - Tue Dec 11, 2012 1:21 AM EST
    Lenny12Deleted

    Hey Calico. We'll have to respectfully agree to disagree. One of the reasons I feel the way I do is that recently I had an ex-girlfriend contact me from the mental hospital she's been in for the last 4 years. She tried to rob a gas station with her finger in her pocket as a gun and her defense attorney suggested she try for a psych eval to avoid jail time. Well they locked her up as mentally ill and 4 years later she's still there and as she said herself the irony was that if she had taken the felony she would have been out in less than a year. I knew she had problems since the last time I had seen her she was talking "psychically" with a friend across the country while sitting in the front seat of my car and another time had shown up at the house of a friend of mine in a disheveled state rambling about how there people watching her in her apartment and wanting to stay with him. She wrote me a letter not long after contacting me and was telling me about reading Utopia by Sir Thomas More. She wrote a very cohesive and intelligent letter but she is still mentally ill and they will not let her out of the mental hospital. For me, at least, it is proof that you can still plan and have cohesive thoughts and still have mental problems that make being integrated with society a problem or be a danger to yourself and others. Not every mental illness is the same or of the same level of severity. That's why I brought up John Nash. While a movie was made about him it does not take away the fact that despite having schizophrenia he still is a brilliant mathematician who has formulated theories that are widely used today while having his mental illness and has been a guest speaker at numerous events as late as 2005. Sometimes the descent into madness is gradual and not always a sudden psychotic break as you have experienced with your clients.

    @Lenny12. C'mon man you can disagree with someone without disparaging them. Just because you don't have the same opinion doesn't mean you have to put someone down for having a different one than yours.

    • 3 votes
    #4.7 - Tue Dec 11, 2012 1:12 PM EST

    her defense attorney suggested she try for a psych eval to avoid jail time. Well they locked her up as mentally ill and 4 years later she's still there and as she said herself the irony was that if she had taken the felony she would have been out in less than a year.

    Getting in is often far easier than getting out. And as my wife used to say 'these people don't realize that malingering is a full time job."

      #4.8 - Tue Dec 11, 2012 1:21 PM EST

      Getting in is often far easier than getting out.

      Jon Ronson made that point painfully clear in The Psychopath Test: A Journey Through the Madness Industry.

      • 2 votes
      #4.9 - Tue Dec 11, 2012 1:33 PM EST

      Maybe he didn't plan it all. He may simply be a fall guy that they made insane.

        #4.10 - Tue Dec 11, 2012 3:05 PM EST

        Seriously?

          #4.11 - Tue Dec 11, 2012 3:12 PM EST

          Lenny12- Hey might be a good time to learn to read, before you jump to the same moronic conclusion.. I think he is SANE.. Or do you not know the difference between insane and sane..

          Same-- I get there is mental illness, there is all kinds out there.. But my opinion based off of what I have read would be that he is sane.. Court of law sane.. He knew right from wrong.. I should clarify that when I post.. He could be totally bat @!$%# crazy but I haven't heard of him being medicated or treated for any mental illnesses.. They will get to psychologist that will argue that one finds him ape @!$%# crazy and the other will say he knew right from wrong..

            #4.12 - Tue Dec 11, 2012 3:59 PM EST

            http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheader=application%2Fpdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1239161151105&ssbinary=true

            Enjoy.

            To convict a person of a crime, the prosecution must prove, beyond a reasonable doubt, that the defendant committed each element of the crime with the required degree of mental culpability (e.g., willfully, intentionally, knowingly, or recklessly). If the defendant's mental condition prevented the defendant from forming the required degree of culpability, the prosecution cannot prove the element of mental culpability beyond a reasonable doubt, and thus, the defendant cannot be convicted of the offense. The defendant is held not guilty because of insanity or impaired mental condition. Also, if a person who is charged with committing a crime exhibits mental illness to the extent that he or she
            cannot understand the nature and course of the proceedings against him or her or cannot participate or assist in his or her own defense, under the statutes, the person must be found incompetent to stand trial until he or she can understand the proceedings or participate in his or her defense.

              #4.13 - Tue Dec 11, 2012 4:11 PM EST

              Bassai- Thanks for the info..

              M'Naghten Rule-

              the jurors ought to be told in all cases that every man is to be presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction; and that to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.

                #4.14 - Tue Dec 11, 2012 5:10 PM EST
                Reply

                Sane, insane - hospital, prison: who cares? As long as he is taken out of society, permanently, the route taken is unimportant.

                • 4 votes
                Reply#5 - Mon Dec 10, 2012 9:02 PM EST

                Because it is easier for the perps to walk from a mental hospital, hospital staff even takes the criminal insane tp public outings such as County & State Fairs, movies & so forth.

                  #5.1 - Tue Dec 11, 2012 1:22 AM EST

                  DKJ - idk where you got your info from but if someone is forcefully put in a mental institution after committing a crime, they're not going on public outings or to the movies. It is a prison for people with mental issues.

                  • 3 votes
                  #5.2 - Tue Dec 11, 2012 7:05 PM EST
                  Reply

                  I'm sorry, but I think he's portraying an act of how "he thinks" the mentally disturbed look.

                  He's trying too hard to look nuts...

                  • 2 votes
                  Reply#6 - Mon Dec 10, 2012 10:01 PM EST

                  Dress J.M. Marquez up in a Batman suit and let him beat this wannabe Joker to a paralyzed pulp.

                  Punishment served. If he really wants to be Joker, let him meet Batman.

                  • 1 vote
                  Reply#7 - Mon Dec 10, 2012 10:06 PM EST

                  very clever but lol this is a civilized country. we don't combat crimes with cartoon punishments.

                    #7.1 - Tue Dec 11, 2012 7:08 PM EST

                    Why not? I got a whole bunch of ideas from Wiley E. Coyote and Yosemite Sam.

                      #7.2 - Wed Dec 12, 2012 9:50 AM EST
                      Reply

                      Scary to think of how many more like him are still out there...

                      • 3 votes
                      Reply#9 - Mon Dec 10, 2012 10:51 PM EST

                      This murderer is obviously quite sane. The only problem he has is he feels he didn't kill enough people. No doubt he wanted to kill many more and go down as the worst serial killer in history.

                      While he obviously does have some mental issues, being insane is not one of them. Simply being pathetic without any empathy,nor having any regard for others lives and no doubt narcissistic with some deep seated anger issues thrown in for good measure.The attention he craves, including the red dyed hair he had, is really a major part of what motivated him to kill, I believe.

                      In the matter of the journal, the defense can complain all they want.It demonstrates the fact that their client was smart enough to detail his future actions. And by a fluke it wasn't delivered to the doctor and only highlights how sane he was and in control of his actions. With the public aware of such things, does it really matter and influence the defense's case? Hardly.This would have come up in court anyway as evidence presented at trial.

                      Trying to discover who leaked the information, isn't going to change the fact their client wrote in minute details how he planned to murder dozens of innocent people. You can't have it both ways.Either someone can't understand their actions, or they fully can understand what they are doing before, during and after.

                      This monster knew what he was planning in buying the guns, mailing the notebook, opening the theater doors, and shooting those helpless victims.It is time he face the music and pay with his own blood for the blood for the blood he spilled. The sooner the better. He is taking up taxpayers money and time.

                      • 4 votes
                      Reply#10 - Tue Dec 11, 2012 1:33 AM EST

                      Let us not forget his purchase of body armor to keep from being shot while he was on his murderous spree.

                      • 2 votes
                      #10.1 - Tue Dec 11, 2012 4:58 PM EST

                      Insanity is a legal term and has nothing to do an inability to develop and carry out complex plans.

                      • 2 votes
                      #10.2 - Tue Dec 11, 2012 5:07 PM EST
                      Reply

                      The guy knows how to pretend insanity. Every time I see a picture of him it is obvious. I hope he is not doing it on the advice of the defense team.

                        Reply#11 - Tue Dec 11, 2012 5:04 AM EST

                        When there is no doubt of guilt, and a horrifiic act is committed, just put him up against a wall and send in the firing squad. No lawyers, costs of courts, etc. Quick and simple. Done.

                          Reply#12 - Tue Dec 11, 2012 12:43 PM EST

                          I really don't care if he is insane or not. I am torn between public hanging or public electrocution. Firing squad is too good for him. Maybe just a cold dark damp cell for the rest of his miserable life with his option of the above.

                          • 1 vote
                          Reply#13 - Tue Dec 11, 2012 4:56 PM EST

                          i am not defending this crackpot but how do they charge you with 2 counts of murder for 1 person?

                          two counts of murder for each of 12 dead shooting victims,

                          so by doing the math 24 counts of murder yet only 12 murder victims

                          anyone else find that strange?

                            Reply#14 - Tue Dec 11, 2012 7:02 PM EST

                            (CBS/AP) CENTENNIAL, Colo. - Colorado prosecutors filed 24 counts of murder charges Monday against James Eagan Holmes, the former neuroscience student accused of killing 12 people and injuring 58 others at an Aurora movie theater.

                            For each victim who died in the rampage, Holmes, 24, was charged with two counts of first-degree murder, one for allegedly intending to cause harm and another for allegedly acting with extreme indifference to human life, according to court documents.

                            A conviction under extreme indifference means that any life sentences would have to be served consecutively, not concurrently, said Craig Silverman, a former chief deputy district attorney in Denver.

                            Prosecutors also filed 116 counts of attempted murder against Holmes

                            http://www.cbsnews.com/8301-201_162-57482151/james-eagan-holmes-charged-with-murder-attempted-murder-from-colo-rampage/

                              #14.1 - Tue Dec 11, 2012 7:34 PM EST
                              Reply

                              For Pete's sake - The media needs to get it in their heads that the price to "scoop" information about a highly visible crime/event has it's consequences. The nurse in England is another tragic story. I just wish this wasn't taking 5 months and counting to bring this idiot to trial. Back in the day, these guys would have been hauled out and shot/hung, before the EMTs got there.

                                Reply#15 - Wed Dec 12, 2012 12:45 PM EST

                                Get real people! This moron had enough smarts to dress in a bullet froof vest and kill at will. Now the prosecution is hinting at a plea deal as if he stole a diamond bracelet? I would give him a plea deal of a bullet or the needle or gas- take your choice. Grsandstanding is his stock and trade so let us give it to him by letting the public know after he makes his selection.

                                • 1 vote
                                Reply#16 - Mon Jan 7, 2013 10:01 AM EST
                                You're in Easy Mode. If you prefer, you can use XHTML Mode instead.
                                As a new user, you may notice a few temporary content restrictions. Click here for more info.