E-mail updates
Follow on Twitter
Subscribe to RSSJudge grants a request from James Holmes' defense team to postpone the arraignment of the suspected Aurora theater gunman until March 12. NBC's Leanne Gregg reports.
Families of Aurora massacre victims erupted in anger Friday when a judge postponed the arraignment of suspect James Holmes — with one yelling out, "Rot in hell, Holmes!"
At least four relatives or survivors stalked out when Holmes was granted two more months to decide how to plead to charges he murdered 12 people and wounded dozens during a shooting rampage at a Batman movie last summer.
Others cried in the courtroom or cursed in the corridor outside.
Steve Hernandez, father of murder victim Rebecca Wingo, vented his fury with the "rot in hell" outburst as the case was adjourned — and was gently admonished by the judge.
"I am terribly sorry for your loss. I can only begin to imagine the emotions that are raging," Chief Judge William Sylvester said as he repeated the decorum order that barred any outburst. Hernandez apologized and promised not to disrupt future proceedings.
It’s been almost six months since Holmes was arrested outside the Century 16 multiplex, and relatives are anxious for the case to move along.
They were hopeful that might happen when Chief Judge William Sylvester ruled late Thursday that prosecutors have enough evidence to put Holmes, 25, on trial and scheduled the arraignment for Friday.
But the defense said Holmes wasn't ready to enter a plea and convinced the court to postpone the arraignment until March 12 – over the objections of prosecutors, who said 84 victims or their loved ones opposed a delay.
Sylvester said that with more than 30,000 pages of documents and 220 DVDs filed in the case, both sides need more time to prepare and that forcing Holmes to enter a plea now could create grounds for an appeal.
/
Steve Hernandez, right, father of slain Aurora victim Rebecca Wingo, arrives for a hearing for James Holmes. Hernandez later shouted, "Rot in hell, Holmes" and was admonished by the judge.
The grad-school dropout's lawyers are widely expected to mount an insanity defense and made several pointed references to their client's mental health during a preliminary hearing this week.
If Holmes enters a plea of not guilty by reason of insanity, he will likely be transferred to a state psychiatric facility, where doctors must evaluate him and issue a report before a trial date is set, legal experts say.
Scott Robinson, a Colorado defense lawyer who closely follows the case, said Holmes’ team could use the two-month delay to have their own mental-health experts evaluate him and help them prepare for the court-ordered exams.
Ed Andrieski / AP
Spectators arrive for a court proceeding for Aurora theater shooting suspect James Holmes on Friday. The judge granted a defense motion to delay the arraignment of Holmes until March 12, provoking anger from victims' relatives.
Many in the victims' camp are adamant in their belief that Holmes is not legally insane. They were particularly struck by new evidence at the hearing that suggested his planning may have begun two months before the July 20 slaughter.
Prosecutors revealed how he amassed an arsenal of weapons, booby-trapped his apartment and took photos of the Century 21 theater well before the ambush.
"He’s not insane. He's evil and there’s a difference," said Theresa Hoover, whose 18-year-old son, A.J. Boik, was killed.
Once Holmes enters a plea, the clock starts running on prosecutors, who have 63 days to decide whether they will seek the death penalty – which would drag out the case even longer.
Sam Soudani, whose 23-year-old daughter was gravely wounded at the theater, said he’s willing to wait if it means Holmes winds up on death row.
“The law has to take its course, and unfortunately, it will take a long time,” Soudani said. “I hate to say it, but he has his rights.”
Related stories:
Aurora massacre families brace for raw emotions of trial
'Help me!': 911 call reveals teen's desperation after relatives shot in Aurora theater
Leave a Comment:
Two months to decide how to plead? He is obvioulsy guilty - he did it. Why is the nut case still alive?
For those people who think he looks insane just by his pictures, he could just be acting like he is so people believe he is. Don't judge by the pictures. I don't care if he's insane. He poses a danger to society either way.
This is stupid. If he refuses to enter a plea they should just enter a non-guilty plea for him and get on with the trial. I don't see why he needs two more months. Is someone paying off the judge?
Why the hurry? To satisfy your blood lust for revenge?
What do you mean? I never said he was guilty. It's costing the tax payers money. He's had enough time to figure out his plea. You must be a lawyer who makes money off of theses dramas.
Our entire judicial AND political system is broke. Why?? Because the one common thing is- lawyers. There's a clue. They shoot rabid dogs. That would be good for him. Why in Gods name should he have 2 months to make up his mind how to plea? It's all been said previously here...
MEDIA: CAN YOU PLEASE Find another picture of him.. that picture plastered all over the place makes my blood boil.. i can only imagine what it's like for the families of the vicitms.... please.
Swan37 That is exactly what I just said. Enter Not Guilty on his behalf, start trial TODAY.
Period.
Two more months of prolonged bs. So, in two months what's to say he doesn't have a plea then, also?
Crock of shhhit.
Why the hurry? To satisfy your blood lust for revenge?
Whoa there everybody! Hold up. I realize that anger couldn't even begin to describe how many people feel regarding what happened or their feelings towards the defendant. My sibling's partner and a friend of their's were violently mugged and shot a few years ago, and to say we were upset would be an understatement. But the law says, as far as I know, that everybody is entitled to a trial. Folks may feel like getting a rope and hanging the defendant from the nearest tree but that's not how we are suppose to do things. Let the justice system handle the legal aspect and let justice take its course.
We're not living in what some people termed "The Wild West" days.
Peace.
Be careful there Missy. Speaking like an American who actually passed History 101 could get you killed in the middle of this vigilante mob.
It's best to just do what everyone is asking for and support the shredding of the Constitution and Bill of Rights.....
All because of ole' Jimmy Holmes.
GUTLESS judge...he could have entered a not guilty plea and get the trial going....it's going to drag out for years anyway..he'll probably die of old age first...idiot laws in this country
Why the hurry? To satisfy your blood lust for revenge?
Maybe I'm missing the point, but what does it really matter if is sane or not. He killed other people! I don't care what his mental illness is, in my book, he qualifies for the death penalty. No matter what his mental illness is, I guarantee there are thousands of people with the same one, that don't shoot unarmed woman and children in a movie theater. Its not a one time thing, its not a mistake, its not something that can be cured, he planned it, he needs to either get the death penalty or life in prison, but not 10 years of finger painting and then off to a half way house. The sentence is the sentence, sane or not.
The SCOTUS disagrees, and fortunately we have a Constitution that protects us all from mob rule. I doubt that any court will find this murderer "not guilty by reason of insanity", but EVERYONE, including him, has every right to use that or any other defense in a courtroom. The concept of "innocent until proven guilty" in a courtroom by a jury applies to this guy just like anyone else.
Don't think he did it though.... it's possible right?
"He’s not insane. He's evil and there’s a difference," said Theresa Hoover, whose 18-year-old son, A.J. Boik, was killed.
I agree. I believe there are some people that are simply evil.
This fiend deserves life in prison and daily torture. Let the other inmates take good care of him.
Now remember, this is the land where criminals have the same rights as the victims, if not more. If he needs more time to plead, no problem. Its not like he brutally murdered a theatre full of innocent men, women, and children, then admitted to the crime. We need to be respectful of this man's civil rights.
Now remember, this is a land where people aren't criminals until they are convicted of a crime by a jury of their peers. If you don't like it, maybe you should take the issue up with the framers of our Constitution. People like Washington, Jefferson, and Adams and their stupid respect for man's civil rights. What were they smoking?
Our legal definition of insanity with respect to a person's ability NOT to commit a crime is too limited. It speaks to comprehension only, but fails to address PHYSIOLOGICAL, neurological issues of impaired judgment, impaired ability to control impulse, severe mood swings, and impaired perception such as paranoia and intrusive thoughts, uncontrollable obsessions or urges, and other issues in which the brain is not functioning correctly which make it impossible or nearly impossible for a person to conform to socially accepted (and legal) standards of behavior. It's easy for a person with a normal brain to judge a person with a malfunctioning brain, particularly when the real world results of the mental illness are heinous and horrific.
When someone is so mentally ill that they have become a "mad dog killer" (note the term "mad dog killer" which does seem to apply to Holmes and which does refer to madness or insanity),...
Does it matter that he's crazy? Should the "mad dog killer" be put down to end it's misery and the misery of others, or just because it satisfies a sense of justice that a man who killed so many innocent victims, even if we know he had a brain that didn't work right?
The real truth is that James Holmes was and is a very sick person. People had already recognized that he was sick and tried to get him some help. But, it was too late.
We need to do more to identify people in crisis, like James Holmes, and work hard to get them some help, as quickly and in as streamlined fashion as possible, because we never know which stuggling student who drops out of school, like Adam Lanza or James Holmes, might be the next mad dog killer.
And, we need to end the drug war. Tax and regulate it, and target the proceeds to programs to help people who want to recover from drug addiction, and other social programs. James Holmes was under the influence of vicodin. The Drug War did not save us from him. But, if we stop funding drug smugglers and start funding social programs, maybe we could do better in the future.
I say lets bring back torture and start with Homes!
Okay, but not my home. Down with the Constitution, right, aplerstein?
Great guy Great Guy!
- Jerry Sandusky
hahaha
Each family should be awarded one hour with a pair of pliers, blow torch and an empty room with this POS. Would someone please kill him slowly.
This is exactly what's wrong with our system of "justice". Why give him any consideration at all? He did it - everyone knows he did it - don't waste time and taxpayer money so he can "decide how to plea". What a crock! The "tall tree and short rope" that someone else mentioned is the perfect solution.
I have no problem with the Bill of Rights, part of our Constitution. I think I'll vote to keep it to protect us from folks like yourself.
Right behind you Pete. People who advocate "postponing" the Bill of Rights scare me far more than judges doing everything they can to limit the grounds for which an appeal could be based.
Yes, there will be an appeal anyway. But wouldn't it nice if that appeal had very little grounds for consideration?
Compare that photo to this one of Charles Manson,
http://www.markfox.org/images/charles_manson_then.jpg
The face of evil.
Aside from the loss of 2 more months, what will be different in March? What's to stop Holmes' lawyer from trying to postpone again? What options are available to the judge that weren't this time?
Unfortunately, the surviving victims and their families are about to get a long, slow education about the rights of accused criminals.
This is just the first of what will seem like endless postponements.
You know there are TOO many laws in America when this prick gets 2 more months to figure out how he wants to plea. WTF?!?!?!?!?!? Throw him to the wolves..... DONE!!!
I have no problem with the Bill of Rights, part of our Constitution. I think I'll vote to keep it to protect us from folks like yourself.
Peter
Yes, I have a big problem when he will most likely plead not guilty and have a long trial. For WHAT?
He did it.
His rights to a fair trial is guaranteed in the Constitution.
Brooke, I think you did it! Let's not have a trial, we will summarily throw you to the wolves.
Note: This was intended to be a reply to Comment #25; why it appeared here I have no idea. Just ignore the first sentence. -WSL
Good point; very good point. The great plurality, if not outright majority, of crimes like this are committed by Caucasian Anglo-Saxons from a secular family upbringing. This includes confirmed sickos like this guy and Jerry Sandusky, among way too many others.
Maybe it's because he HAD no real religion that this crime was planned and undertaken. Someone who's a regular attendee of church, synagogue, temple, etc., doesn't generally commit crimes like this. It's the ones who either worship violent MMORPGs, the ones who create their own little digital world within a world, and believe they're invincible.
That does not explain international terrorism, which is either based on religious intolerance or ethnic/racial intolerance, generally, and political intolerance, geo- or otherwise.
The word "terrorist" has become hackneyed and cheapened by overuse, along with the too-common usage of "gestapo" to compare slightly different political points of view. But far from blaming the media outlets for the huge international corporations' sins -- because they're only the tip of the fingernail -- I would go back up the corporate family tree and put a lot of this not on the NBC reporter, but the right-wing secular wolves in Jesus freaks' clothing at Comcast, who own them.
"I'm not worried about Al Qaeda; I'm worried about Al Cracker!" --- Chris Rock
word.
Warren:
All kind of terrorism are deplorable.
However most of the International terrorism has religion is only a cover. Real reason is frustration with not able to live once own culture, life style. West wants to dictate from their culture or style of Government or religious practices, political freedom. This is going on for 500 years. What Israel says is ludicrous. What they say is they want ot be supreme armed force in whole middle east and no one will be allowed and countervailing force. This is what Hitler wanted. This is what USA and China and Russia wants. These nominators have to get real and civilized that others have right to determined their destiny.
Here one cannot say teen age sone or daughter how to behave and we want to tell hudnreds of millions of people how to behave way away from their way of life
The girl in the picture on crutches is HOT!
Sad!
Sick!
If you are about fourteen, fifteen, I can understand your "hot" comment. If you are an adult, you may be a pedophile?
I suggest bringing back torture and start with Holmes!