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Arapahoe County Sheriff's Office / Reuters file
James Holmes, 25, is charged with 160 criminal counts, including murder, for a July 20 shooting rampage at a movie theater that left 12 people dead and dozens more wounded.
CENTENNIAL, Colo. -- The suspect in the Colorado movie theater killings returns to court this week for a hearing that might be the closest thing to a trial the victims and their families will get to see.
James Holmes, a former neuroscience graduate student, is charged with killing 12 people and injuring 70 by opening fire in a darkened theater in the Denver suburb of Aurora last July.
At a week-long preliminary hearing that begins Monday, prosecutors will outline their case against Holmes, the first official public disclosure of their evidence. The judge will then determine whether to send the case to trial.
Legal analysts say that evidence appears to be so strong that Holmes may well accept a plea agreement before trial. In such cases, the preliminary hearing can set the stage for a deal by letting each side assess the other's strengths and weaknesses, said Laurie Levenson, a former federal prosecutor and now a professor at Loyola Law School in Los Angeles.
Preliminary hearings "are often the first step to resolving the case, a mini-trial so both sides can see the writing on the wall," Levenson said.
Judges rarely throw out a case at this stage because prosecutors must only meet a "probable cause" standard — much lower than the "beyond a reasonable doubt" standard for a guilty verdict at trial, said Mimi Wesson, a professor of law at the University of Colorado Law School.
Related: Court hearing in Colorado theater shooting zeroes in on James Holmes' notebook
Holmes, who faces more than 160 counts including first-degree murder and attempted murder, could have waived his right to a preliminary hearing, allowing lawyers on both sides to prepare for trial. But defense lawyers sometimes go through with the hearing because it gives them a clearer picture of prosecution evidence.
"In this case, I think it likely that the genuine purpose of the hearing would be information-gathering by the defense," Wesson said.
Court officials expect many survivors and family members of the dead to attend the preliminary hearing, along with scores of spectators and reporters. At least two overflow rooms are being prepared where the hearing can be observed by video and audio feeds.
District Judge William B. Sylvester has imposed a gag order on attorneys and investigators, and many court documents have been filed under seal, so little is known about Holmes' path from promising graduate student to suspect in a mass murder.
The few details that have been made public suggest a disturbing descent.
Holmes enrolled in the University of Colorado, Denver Ph.D program in neuroscience in 2011. In the spring of 2012, authorities say, he began buying weapons, high-capacity magazines, ammunition, explosives and combat gear. At some point in the school year, he began seeing a university psychiatrist. He failed an oral exam on June 7 and withdrew from the university three days later.
He was arrested outside the theater shortly after the July 20 shootings. Federal authorities have said he entered the theater with a ticket and is believed to have propped open a door, slipped out to his car and returned with his weapons.
Hours later, investigators found his apartment booby-trapped with potentially deadly explosives, police said.
In previous hearings — many witnessed by victims and survivors — Holmes' appearance and behavior ranged from bizarre to unremarkable. On his first day in court, his hair was a shocking orange-red, his face was covered with stubble and he seemed to be in a daze.
By last week, his hair was a natural-looking brown and he wore a full beard. He sat quietly and seemed to be aware of the proceedings.
Holmes could get the death penalty or life in prison without parole if he goes to trial and is convicted of murder. He could avoid the death penalty if his lawyers argue he is mentally ill or innocent by reason of insanity.
Related: Aurora shooting suspect James Holmes mentally ill, attorneys say
Holmes' mental health is expected to be a major factor whether his case ends in a plea agreement or goes to trial.
His lawyers have told the judge that Holmes was mentally ill, and court records indicate they may call witnesses in the preliminary hearing to testify about his mental health. The defense team has not said whether Holmes would enter an insanity plea.
An insanity plea is different from the competency argument used for Jared Loughner, who pleaded guilty to killing six people and wounding 13, including then-Rep. Gabrielle Giffords, in Arizona in 2011.
A judge ruled in May 2011 that Loughner was mentally incompetent to stand trial and ordered him to undergo psychiatric treatment. After Loughner spent more than a year in treatment, the judge ruled he had become competent, and Loughner accepted a plea agreement that carried a sentence of life in prison without parole instead of execution.
The decision on whether to seek the death penalty will be up to the new district attorney for Arapahoe County, George Brauchler, who was elected in November and takes office Tuesday, after the preliminary hearing begins. Brauchler has not indicated what he will do.
A spokeswoman for outgoing District Attorney Carol Chambers, who oversaw the filing of charges against Holmes, declined to comment.
If prosecutors do not seek the death penalty, and if Holmes is convicted of or pleads guilty to first-degree murder charges, he would face a mandatory sentence of life without parole.
Gun control continues to rile both sides, with gun collectors holding a show near Newtown, Conn., and with the launch of Vice President Joe Biden's gun-violence task force. NBC's Mark Potter reports.
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Personally, I don't put much faith in the insanity plea. This individual knew exactly what he was doing. Execution is the only sentence in this case that will give true justice to this animals murderous acts!
The terrible tragedy would never have occurred if the appropriate gun control laws were in force.
You have to love NBC on the internet.
They give us a link to this, but Schwarzenegger just made a comment about how he doesn't think violent movies spur crime in youth.
No Newsvine link on that one.
And the "appropriate laws" have been in place for quite some time now.
Criminals and nut cases do not recognize laws.
Laws arent made in hopes that criminals will obey. Thats why that saying is the stupidist comment on the internet, and especially in the conversation on gun control.
Laws are made to punish criminal who dont obey. Cant do that without the law.
And they change the rules among law abiding citizens, so that it makes it harder for criminals to break those laws. Like for instance a law requiring background checks for any ammunition sold. That law doesnt require criminals to obey, it requires law abiding gun dealers to obey, and see its enforced. And in doing so, criminals are then SOL when they try to buy ammo for their illegal gun. No where did this law require a criminal to obey.
Which convuluded hippy euphoria land do you live in ? Laws are a basis for a civilized society,,, a guidleine of sorts. It does not stop/hinder those who operate outside its boundaries when they want to commit crimes.....Nor does the death penalty deter.
To those who want more laws.......you do realize these laws they are working on will grant the federal govt the right to superceede the 2nd amendment of the Constitution........we are treading in serious places. Please look at Diane Feinstein who is an employer of armed Guards and has a carry and conceal. She is not gonna give up her rights when they impose the on the US. Read the new legislation that says You will be forced to register your weapons and when you do the powers that be will decide if you can keep said weapons.........This arbitrary power written in the bill is frightening......they would have the power to refuse ownership to all people save the few in power.
In the early 90s Feinstein was interviewed as said something to the effect "Mr and Mrs America be prepared to turn in your weapons" So do ya think we would be safe in a society without guns of any sort? Nope.....Would criminals have an easier time commiting crimes (with guns) YEP. Do the police protect us? NOPE....they only arrive after the call for 911 is placed....
Something like this 911 Whats your emergency?
Caller: There a man in my house with a gun he just shot my husband who attacked him with a bat as he tried to rob my houose
911: We send cops out right away.......
Caller: (loud female scream and gun shots)
911: hello?
10 minutes later the cops arrive only to call the morgue for a pickup.
Disarming Americans is not the way to ensure safety and freedom.
READ THE CONSTITUTION
Laws dont prevent criminals from breaking them, enforcement does.
But you still need the right laws. You cant enforce a law that doesnt exist..
PS: gun control is about disarming "Criminals" and "the Mentally ill". Not "Americans"
And how do you propose to do that?
I can't wait to hear this answer.
shot this pos and maybe the killings in denver will be a thing of the past. eye for an eye. get it liberals
you sir are a dingaling.
the age old eye for an eye idea is so ludicrous.
Hammurabi's own words illustrate this point: "If a man has destroyed the eye
of a man of the gentleman class, they shall destroy his eye .... If he has
destroyed the eye of a commoner ... he shall pay one mina of silver. If he has
destroyed the eye of a gentleman's slave ... he shall pay half the slave's
price." The Babylonians clearly did not live under a social system that treated
all people equally.
copied from ushistory.org/civ/4c.asp
Most of the usage of this law was for a finacnial compensation for woes commited.
Our buddies who worship Allah, curses be unto him, still follow a mode more like your idea though. We all want to strive to be like Muslims though huh?
Hey Journal Journal. having a database is a system the Kenyan wants so he knows how many guns everyone has. That wont help. What will help if is PEOPLE start getting back to GOD and CHRIST. Get GOD back in schools, making parents and this idiotic kids resposible for their actions will. WE have kids having kids. That needs to stops. We have people who have no morals and no respect for their parents and others. When this changes and you get HOLLYWOOD to stop making all of the violent movies and start having boundaries for people then it will stop, until then it wont.
He could avoid the death penalty if his lawyers argue he is mentally ill or innocent by reason of insanity. < ARe u F'n kiddin me funny how the laws are now plead mental ill and you automatically get off. Anybody could do that. If this was the 90's he would have been dead. Dude should get the death penalty no questions ask who gives a @!$%# if hes mentally ill or not.
Why is he still alive ?? A plea deal ??? Our justice system is effed up. If your that sick, put you in the ground. Your damn sure not going to get well
Give this piece of dirt the rope, but torture him first.
Sure, torture him! I don't know what good that does, but it sure is fun!
Downtown Aurora looks like a great place...for a public hanging. Would temporarily stimulate the local economy and save Colorado residents tax money in the long run.
Oldest trick in the book. When you have absolutely no defense you parade him around in the hair that he dyed Evil Clown Red and make him look crazy and drooling at his first hearing.
All psychos like the two shooters, should have frontal lobotomies. Case closed.
With all the killings during the last half of 2012, people are now wanting gun control. I agree with some of the guns that are now available with little or no background check on the buyer, need to be monitored. However, I do not think that my right according to the constitution should be hindered in any way to carry a gun. People are rampant in blaming those who have committed these crimes, yet I'll bet there were indicators that these people should not be granted a license to carry a gun. In some cases, the gunman got the guns from family members, friends, or from stealing one. This is something that you have deal with whether you have "gun laws" or not. As for my family, we are all adept at handling rifles and handguns, including a 12-year old grandchild. All were trained through conservation programs and other gun safety courses. It is my right to protect my family and property even if it goes to using a firearm.
Anyone ever remember the gang wars of the early 1900's ? All these killers and murderers and what did we do then ? We executed them off the face of this earth for their crimes . It just seems that we have too many opinions to deal with these crimes before we can actually look and say someone is sick and deserves our help or they are just plain Murderous and should be given the death sentence ! I am not a death sentence pro but I will tell you that a lot of people will think about death sentence or life in prison before doing these crimes !!! The sick ones that kill themselves are one off crazies that death is the only way out for them .... We as a society need to make it known that murder will be your last act on this earth .... One day or the next the law WILL find them ... Make the laws tougher for violent crimes , put more money into the criminal justice system hire more cops and stop paying out to the welfare and SSI systems in this country . Watch how fast people will WANT to go back to work when they have no money and realize that they will not be able to get a job because of their criminal backgrounds !!!!
Show me a passionate gun owner, I will show you someone just a couple of synapse misfires away from unloading a clip into the public.
You are full of it "Big Al".
First of all, most passionate weapons owners ARE the most compassionate people you could ever meet.
Second, we don't use "clips" we use magazines.
@Glenda I cannot agree with you more as I feel the exact same way !!!
American Justice at its best..............I am sure the next person in line to do crimes like this is taking notes plotting their course of action. The more the court system lets these people get by with their crimes and sit in limbo, without punishment......................there will be no stopping them.
Such a shame that the families of the victims have to endure this without no resolution to his punishment.s
Whether he is insane or sane is not the question. He needs to be dealt with because he is guilty of the crime and there is no question that he is guilty. HE IS A KILLER!!!!!!
nice mugshot. What a fag
This does not to be complicated with legal "rights".
This guy killed people. It was premeditated.
Don't waste money and time on this. There are other issues that are very likely really complicated. This is not.
yea his laweyer wants to hear the evidence and see if the judge will hold him for trail, guys guilty cought with the guns and one look at him makes you wonder who in there right mind would have sold this asswhole a gun. to bad he wasn't killed at the scene by the police
The mental health community needs to step up and get these people off the streets. We can track and stop terrorists but even if the killer sends and e-mail to a TV station we don't do anything to infringe on his constitutional rights. How many times have parents requested help for their children and the courts said no. The gun laws work it's the mental health community that needs to step up and identify these people.
Oye ve,
When I read the post that both Holme's and Lanza's fathers were related to the LIBOR scandal....I had my usual "conspiracy theorists coming out of the wall" reaction.
I do personal investing, so was aware of the LIBOR deal.
Now, finding out that both fathers indeed are connected to hearings being conducted is a little bit more than a freaky coincidence.
What are the odds that 2 testifying witnesses clear across the country from each other....would BOTH have a son do a mass killing?????
Coincidence or not....that's freaky.
Why waste tax payers money!!!! one bullet to the head and its done (eye for a eye) save the money and i will donate the round for the job!!!!
It is called due process... you teatard moron!
He has that "I don't give a crawp about anyone disease"...
you mean like the political right in this country?
Bring up a photo of Holmes and then right beside it load a photo of Lanza; look at the eyes. Both had/have that wide eyed psycho glare.
Sadly the police should have shot this sociopath. Now millions will be spent on this cowardly sicko.
Just look at his face. If a picture tells a story, he is a unrepentant, murderous coward. James Holmes would have better served humanity by killing himself first.
WOW... he looks sane, doesn't he?! I'd sell him a buttload of guns and ammo... perfectly legal... let us keep our heads buried firmly in the sand... and count the days until the next bloodbath occurs... go NRA... more guns, more guns... we want the carnage huge next time... hell, maybe several nutbags can get together with their legal AK's and wipe out a small town!
Where did you get such a small violin?
Timothy McVeigh took out half a federal building, killed men women and children by the dozens all
with fertilizer and diesel fuel.
And you are worried about responsible gun owners with AK's??
Certainly not from a teatard hack... such as yourself... move along... look for another tea billy to comiserate with.
The topic is this guy and the crime he committed... stay on point you tea billy hack... I know that means dealing in those pesky facts... get to looking for your teatard buddies... you merit no more of my time!
Struck a nerve?
GOOD.
As a result, fertilizer is now more controlled than guns are. You buy over a certain amount of the right kind of fertilizer, and the authorities are notified. In fact, unless you are a farmer with a farm, I dont think you can buy over a certain amount. Thats how much its controlled now, because of what McVeigh did.
As a result, its no where near as easy for someone to do such a thing again. And it didnt require any criminals or terrorists to obey either.
Don't kid yourself.
You can go to Lowes or Walmart and by fertilizer.
If you are not in a hurry, a few bags here and there will all add up.
The point I am trying to make is that you can kill with more than guns.
And you will never be rid of guns.
No one is claiming that changing the laws will end any chance of someone trying to kill someone. Its simply about limiting their options.
Thats why other countries with stronger gun laws, count gun murders in the hundreds or less, instead of the tens of thousands like the US. There are no perfect solutions, and no one is claiming there is.
Sure like Australia for example.
Gun crimes are up, murders are up, home invasions with or without guns are up etc.
YOU cannot be rid of guns.
Most people who push the death penalty fail to realize it costs more to execute someone than sentence them to life without parole. The sad truth is those that are remorseful will suffer regardless of life or death; those that are not will not, they just can not kill anymore. Life without parole is enough. I believe those that get life and behave crazy on the inside deserve death. The rest should just sit in prison and suffer. Being killed isn't that bad - you just die, an inevitable process.
No way, Hmmmm3084578. A double shot, bullet or rope is much cheaper and quick. Did the murderer care about his victim's pain or cruel and unusualy punishment ? Bleeding hearts are all the same, til one of you own is murdered.. Eye for a eye and fast justice is the answer, plus attorneys can not get rich and make a fortune in court on appeals.
Grow up Bill... even a derelict knows ever citizen is legally entitled to due process.
Cost is not an issue for most folks who'd prefer to see him executed. Most of us would gladly contribute to the execution fund if that's what it takes to rid the planet of his sorry carcass. Doing what's right doesn't cost too much.
I'm not a crying heart. Not at all. Just stating the truth. It costs more. And death is inevitable. A psycho caged -- that doesn't act out -- is superior to euthanizing them. They might be scared but then its over. If you belive in hell or something, that is inevitable too. Why does killing them quickly seem to be superior to them thinking about what they did in jail?
Trust me if he's executed I won't lose sleep. Just don't understand the rationale.
Leftward: Do you mean we should boil him first before we fry him? Process him?
The investigation of pleading of The Green River Killer (Gary Ridgeway) cost King County, WA State $12 million and that was without any trial!
We have another multiple murder trial coming up of two people who are accused of killing 6 people. That will no doubt run about the same cost.
How can states protect themselves from these exorbinate amounts of money being spent on killers?
One thing they can do is get rid of the appeals rule.
If you are found OVERWHELMINGLY guilty of a murder.
You die as soon as possible.
No appeals, no more meals.
It's over.
I was thinking torturing him for a few weeks and then executing him might make it worth the extra cost of the death penalty
If life in prison is worse , then why don't the prisoners kill themselves? Hmmmmmmm? Why is it that in China it costs about 50 cents for a bullet and they bill the family of the executed .
It's worse for those that ACTUALLY HAVE REMORSE. Kill the acussed quickly. Kill them and then bank on the after life @somedude to do justice. Just hope you are decent man with this perspective. Because you sound blood hungry and doubt you have lived the purest of lives.
correction to my post above - it should have started:
"The investigation and pleading"