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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.
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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:
Unfortunately, Holmes is guilty beyond a reasonable doubt and should get the death penalty.
It would be good for different reasons:
1) it would bring justice and closure to the families who lost people.
2) it would cost less to the state.
3) it would put him out of his misery. If truly not insane he would have to live with guilt and remorse his whole life. Should we torture him that way and lower ourselves to his level?
If Holmes was truly insane he would not have planned. When he thought of killing people he should have gone to see a therapist and have himself locked up if needed. Killing people with premeditation is not therapy. He should pay the consequence for his dire choices and anybody with the same intentions should see that's the way it goes, as a deterrent.
I'm not for death penalty overall, but this guy earned it fair and square, beyond any doubts. Swift justice is fair justice. Get it done.
If Holmes was truly insane he would not have planned.
An insane person doesn't see the world as you and I do. They can, and DO make meticulous plans to carry out their agenda thinkingthey are right. How many months did David Chapman plan to get Jodie Foster to recognize him? He is still in a mental institution.
Truthfully, the death penalty on him would do 1 thing and 1 thing only...it would protect society from him and prevent ANY chance he would be released to do it again.
I cannot imagine the pain the victims and family of the victims feel. I cannot imagine this mans death will give them closure or seal the wounds they have from this crime. He can never truly pay the price for the pain he has caused. My only hope would be he gets life, IS sane, and does feel remorse the rest of his life along with a "special" roommate in his cell that helps make his time a little harder than most.
My bad Starbuck49. I made a mistake. I meant "truly not insane" as in point #3. I don't consider a sociopath would it be a murderer, a power abuser, an abuser of any kind or a financially-greedy-to-the-extreme-person as an innocent in any way, not on mental insanity ground.
As I think once in a while to myself: "I don't need to know why you're an A-hole, all I need to know is that you're an A-hole and might hurt me in some way. I have compassion but I'm not your therapist." That applies to Holmes. He should have sought therapy when he had murderous intentions.
Just take the f**ker out into a fenced in field, put on orange vest on him, and let all the shooters who don't like to kill animals hunt him down. If by some chance he survives the day, let it begin again until some lucky "hunter" bags him. Let him know the horror that he is going to die.
Our Founding Fathers wrote the Bill of Rights into our Constitution to protect us from folks like yourself who appear to be a bigger threat to our society than Holmes.
"Very Angry Person" - you are very scary!!
You are so right Peter! It is those kind of people that scare the hell out of me! Very dangerous! The vigilante idiots!
To say he committed crime and sane or insane should be put to death will be a good thing.
But the legal process where hate is exhibited all around is neither good for victims or their families or the killer's family and society in general.
I wish family has in their heart to forgive and move on. I wish society has wisdom to decide these cases simply and straight forwardly when hundreds of thousands less famous cases gets no defense and railroaded every year. There has to be wisdom where it says let us design a system that works for the society with least expense and least trauma when crime is so egregious.
Unfortunately we wallow in our own smuck not only here but in religion, politics, family life, market place and everywhere. We are stuck in toatality of system where progress is impossible.
What difference is another couple of months going to make, except to prolong the ordeal for the victims? He is guilty, he knows it, everyone else knows it...does it really make a difference whether he is sane or not? Judge should be ashamed of granting this & prolonging the suffering.
Why the hurry? To satisfy your blood lust for revenge?
I find it highly pathetic that this would even be considered given that he methodically planned out this entire massacre all the way down to what he was going to wear.
Does an insane person research how to create booby traps?
Does an insane person video tape himself being proud of his arsenal and equipment before heading out to commit to the action?
Does an insane person attend an academic facility with a level of success?
Can an insane person live on their own, feed themselves, maintain their bills, and function at a job?
Holmes is NOT INSANE. Prove his guilt, throw him into a movie theater and gun him down.
You do not get to decide whether or not Homes is insane unless you end up on the jury for this case.
These vigilante fools worry me Peter. Seems to be lot of them.
Just another example of how broken our "justice" system is... Clearly this psycho who is definitely the person responsible for the crime should be swiftly tried and sentenced to life or death penalty. Why is America held hostage by this system ?
Why is America held hostage by this system ?
The 5th. and 14th. amendments dictate to us how the system works.
As sadistic as this sounds, I suggest strapping him to a firing range wall and allow the surviving victims to each take shots at him, starting at his feet by the least injured. Allow the worst affected to finish him off with a shot to the head. Kill this scum and let these poor people move on with their lives. He is doing nothing more than torturing these folks again; only difference is he is now doing it through the legal system where he now has more rights than his victims.
Blame it on our Founding Fathers wrote the Bill of Rights into our Constitution to protect us from folks like yourself.
Folks like myself? Folks like myself are sick and tired of scum like Holmes ruining lives every day in this country! Feel free to comment as i'm sure you have nothing better to do than to defend violent criminals, I won't be responding to your garbage again little man!
While your frustration is understandable, your call to shred the Bill of Rights is an affront to the Founding Fathers and every Veteran who ever fought for this country.
Pete wasn't defending this criminal AT ALL. He was defending the United States Constitution. If Pete had an M-16 in his hand while defending it.... there would a name for that.... Honored VETERAN.
Little man indeed. It takes a BIG MAN to defend against those who would trample the Constitution and Bill of Rights for the sadistic (your word, not mine) retribution you seek.
Blame it on our Founding Fathers who wrote the Bill of Rights into our Constitution. What would you like to get rid of next, Freedom of Speech or perhaps Freedom of the Press???
Peter - you are probably the only one using common sense on this blog - bless your heart - you can't express logic to people who are only using a portion of their gray cells.
You two should get a room. Your love for each other seems very strong!
nchilltopper
I think they are defending the Constitution.
You have your opinion and I have mine, there is constitution for ya!
If you guys need another person to help pay for the room, count me in. I don't mind sleeping on the floor. I just want to be in the room with the people who are defending the Constitution and Bill of Rights.
Call me crazy, but I believed what I learned in the Civics/Government classes I took in High School.
The Constitution is for EVERY American citizen.
Even if they are obviously guilty nchilltopper. Why the hurry? To satisfy your blood lust for revenge?
The NRA is responsable for all these murders ! 1 in 4 americans suffer from mental disease and that includs you, paranoid pro gun nuts, because paranoia IS a mental disease !!
All assault weapons should be banned !!! They do not belong in a civilized society !
Do I blame Holmes ??? NO because it is obvious that the guy is mentally ill ! If he had not had access to these weapons, all these people would be alive, today, like so many others would be alive !!
No, he is not mentally ill, so blame him instead of the guns and ammo, which he methodically and logically purchased over time and from several stores.
Being pro gun does not make a person paranoid or 'nuts'. Being pro gun is about being prepared. I am pro gun. Does that mean I expect to have to use it? No. In fact, I hope I never have to raise a firearm against another living being.
Those of you who think they are never going to have to defend themselves from a criminal because we live in some perfect society need to get a better grip on reality. If an armed criminal came into my home with intent to harm me or my family, I want the ability to do whatever it takes to protect what is mine. I don't want to kill anyone. However, I would rather kill than have to apologize for the death of my family.
The same goes for the ones who believe America is too big to fail. History has shown time and time again that, without a vigilant population, constitutional republics (democracies for those of you who don't know any better) are frail and prone to falling into tyranny. Our founding fathers realized this and gave us the means to protect our beliefs with the constitution. They wanted the average citizen to have an equal footing to protect themselves, their families, their communities, their states and ultimately their country from succumbing to outside forces and tyranny.
It has been said many times before in different ways. If all the guns magically disappeared tomorrow, someone will still find a way to kill a mass amount of people if they so desired.
Take away the human propensity for murder and desire for material and power, and I will gladly destroy my guns.
I still want someone to help me understand; if we have more gun laws and gun 'banning', how is that going to keep guns out of the hands of criminals? Tell me how banning an assault weapon or high capacity magazine is going to prevent a criminal from obtaining them? One only needs to look as far as illegal drug trade to see how well laws are heeded by those with intent to break them.
There is only one person responsible for this tragedy, and he is currently going through due process.
There is no doubt he committed the murders. Just take him outside in front of the families, put him on his knees and cut his throat. It will not bring the dead back or heal the families but it will give them some comfort in terms of closure and we will not spend our tax dollars paying for his treatment, lodging, food and medical care. Whether he is sane or insane he can never be free and will, at best, always be a burden to society. It is a win win.
Our Founding Fathers wrote the Bill of Rights into our Constitution to protect us from folks like yourself who appear to be a bigger threat to our society than Holmes.
Ron
Do you believe the 2nd. amendment rights? If you do, why don't you believe in the 5th. amd 14th. amendment rights?
Not the Justice System but the Legal System is making TONS of $$$$$$$. They relish the sicko's that don't take their own life. The judge and all the court personal & uniforms have to make that $$$$. I bet if the Judges wife would have been a victim that plea Sh!t would not exist. Or take his bank roll. Morons.
I bet if the Judges wife would have been a victim that plea Sh!t would not exist
If the judges wife was a victim, the judge would NOT be sitting in the position to judge him.
Yes - you see, ohouchtaxWTH - it would be a direct conflict of interest for him to serve as the presiding judge. You get it? I wonder why so many little gray cells of people on this blog have went on holiday? Never to return!
staryuck49 - ur one of those...
ohouchtaxWTH
I'm one of what? I believe in the Constitution, not the vigilantes.
I have have to agree with those who were yelling "rot in hell, holmes".
Well Sharriannie - can you put some logic to that statement? It makes absolutely NO sense at all and is in direct contradiction to what the religious idiots claim happens in hell. By the way, this may surprise you, but there is no such place! Just as their is no such thing as the wizard in the sky you guys worship with all this power that never seems to be used! LMAO!
Sorry, but the constitution was written centuries ago !! IT IS OUTDATED !
It just like we still follow laws written by bonaparte, dont you think it's outdated ?? Yesterday's society is long gone ! the constitution should be UPDATED to today's society !
So what would you like to get rid of besides "Trial by Jury", perhaps Freedom of Speech, Freedom of the Press, or Freedom of Religion????? Our Founding Fathers wrote the Bill of Rights into our Constitution to protect us from folks like yourself who appear to be a bigger threat to our society than Holmes.
You have asked that question already......nobody is listening to you!
In the interest of grammatical accuracy, please remove the "S" from your screen name
Hi Pete. Just wanted to confirm that I'm one of many people who are listening to you and agree 100%.
Me too Peter...I think lot of these "string 'em up" types are a product of our inept schools and never were taught history and civics.
So, did we find out who the other person was, who let him into the theater? These psyops get funnier and funnier. I can't believe people buy into it anymore.
Once again, and just for you Ella...
Holmes purchased a ticket previously, drove to the theater and parked out back by the exit door. He then went and entered the theater via the front door with his ticket. He then quietly went to the exit door and propped it open, went to his car and got ready, then re-entered the theater.
So simple a cave man could understand it. No second shooter or any evidence thereof.
Liberals Exposed: The Obama administration and his liberal media followers, are trying to con naive American’s by demonizing semi-auto rifles. How? By calling them “assault weapons” which is a lie (look up the definition). They also keep saying “assault weapons are not needed for hunting”. The real truth: the second amendment was not designed by our founding fathers for hunting (and liberals know this). This is nothing more than a con job to confuse naive American’s into following their ideological beliefs. It’s really about power and control from both liberals and our government. History shows that if you strip the guns from the people you control the people. Hopefully the liberals and government will not continue to test the power of the second amendment and push this into an ugly repeat of the past. AMERICANS! PLEASE STOP BEING CONNED!
Nice propaganda. Typical GOPuke.
I guess the truth hurts...where's the intelligent discussion?
I guess the truth hurts...where's the intelligent discussion?
It sure isn't coming from you.
As soon as I read the above, my first thought was...
TTMM - Your propaganda ranks right up there with the muslim, communist, socialist accusations. Stop listening to Hannity and seek help for your paranoia complex.
he's not insane. he's just a @!$%#ing idiot.
Oh good grief!! He very well may be insane - but guess what - it is NOT up to you to decide!
Why are they wasting time on this guy. A trial should take about an hour. He is found guilty within 5 minutes, walked out behind tthe courthouse, and executed by firing squad (or hanged). Either way, could be done in under 2 hours.
John you are very scary! I would feel safer with Holmes than with you any day.
He'll plead insanity and be put in a cushy hospital for a couple of years and then put back on the street.
We must remember that he has rights (sarcasm intended).
David Chapman was insane, is he out yet?
I don't see any sarcasm - because he DOES have rights - and one of them is to have a FAIR trial. He should not be subject to vigilante justice and silly threats to his life because his trial was delayed. So what - it was delayed - what is the big deal???? The victims families make it worse for themselves by adding additional drama to this issue for which they have NO control! All this screaming about "Rot in Hell" - which is a stupid statement - it really makes no sense in relation to the religious idiots aspect of what happens in the alice in wonderland place.
This story shold have NEVER been POSTED!
Hey segdirb, this country needs a little vigilante justice these days since criminal's "rights" always seem to be more important than victim's rights.
That monster who set the house on fire in recent news and then systematically murdered the firefighters who came to put the blaze out got his "rights", the kind afforded by people like YOU. He was already a cold blooded murderer and spent 17 years was it? before being released only to murder again.
But you are in favor of monsters getting their "rights" and it is your kind of attitude that has allowed all kinds of creatures to commit and re-commit crimes in this country.
I'd like to see your attitude if one of your beloved family members was a victim in this massacre. You'd soon be talking out of the other side of your mouth!
Bet you don't believe in the death penalty and I bet you also believe in the insanity plea.
Well here's what I believe in this particular case since there is no question of his guilt. Immediate trial, no pleas of any kind, found guilty, hanged in the morning! And good riddance since the scumbag didn't have the courage to kill himself.
Starbuck... are you confusing Mark David Chapman (the guy who shot John Lennon) with John Hinckley (the guy who shot Ronald Reagan).
Hinckley was found "not guilty by reason of insanity" (the whole Jodie Foster thing). Afterwards, many laws were changed so that people who are truly insane (such as Hinckley) could never effectively use the insanity defense again. So stop worrying cunical, John Hinckley took care of what you fear back in the 80s. Good thing he shot someone high profile or the "insanity" defense might still be plausible in today's justice system
Chapman pleaded guilty and remains in prison to this day. He is not allowed out and he's denied parole every time. The guy who shot John Lennon will never be paroled. Only guys who shoot "John Smith" (i.e. the average Joe) are paroled.
By the way... Hinckely does get out periodically. He is allowed visits with his mother in Virginia. He has to go back to the hospital he's committed to... but he is allowed out.
"Hey segdirb, this country needs a little vigilante justice these days since criminal's "rights" always seem to be more important than victim's rights." -Georgieboy-2814956
Hey, Georgie, boy, do you realize that one is not a criminal in America until they are convicted by a jury of their peers?
Insanity, Sanity. Who is wise (this eliminates lawyers) enough to positively state which? What amazes me is that more attention is not being focused on what drugs he was using, whether prescribed or not? As you other folks have stated, insanity doesn't mean stupid, it means an inability to assimilate into society or irrational behavior.
If you want to do a crime, do it in America because the courts will treat you like a little baby for months, even years. You will get so much pampering that in the oft chance you will be executed, you will die in ectasy.
Kill him.
Reform gun control.
Dump money into mental health.
More or less gun control would have had 0 impact on this guy or the outcome.
Question: Can't a person be both insane and plan/plot out a horrifically violent crime? Does it have to be one or the other? Can't a person be both evil and insane? I imagine the degree of punishment changes. I haven't followed the mental health of this individual, so I ask sincerely...and with all respect and compassion toward those who were tragically impacted by this event.
Your answer lies in history. Look at Hitler and Stalin? They were two of the most murderous leaders in modern times.
You are way too kind Baseball Lover! You really pose an interesting question and I would hope we would have a psychiartirst on this blog that could address it. I would say, yes, and it has a direct correlation to the degree of insanity of the indivdual. Any EXPERTS on the blog that could shed some light on this excellent question?
Personally, I could care less what diagnosis (most likely Schizophrenia or Psychotic Disorder NOS) is agreed upon, he committed a crime far too heinous for the insanity plea. He is also far too intelligent not to realize that what he was doing was wrong in every sense of the word.
Your opinion will not count, unless you happen to be on the jury.
Intelligence has nothing to do with sanity. However, it does not make sense for taxpayers to spend about $45,000 per year to keep him alive for the next 60 - 70 years.
SDMF you have come to many conclusions without an ounce of fact for which they are based. They are based off of your beliefs - but many times our beliefs are not congruent with our legal system and established laws. These laws were and are established to protect those from exactly what you represent in your post - a disregard for possible mitigating circumstances and hastily made decisions without all the facts to arrive at a sound conclusion and/or result. I am so glad you are not a judge and I hope they would not call you for jury duty. However, any smart attorney would have you dismissed from consideration rather quickly.
Segdirb, I see you've left far too many comments to suggest you have anything more significant to do with your time. Likewise, any smart attorney would remove you from the case as you would try to defend a man who shot dozens in front of even more witnesses. There is no question to his guilt, only the wait of due process and the mess that is the mental health system.
he must pay for throwing families into mourning for killing and maimimg he is sane. Just feel like pulling the triger on his forehead
Right, base your analysis of the legal system and a defendant's right to a speedy trail on a movie. That's what's wrong, people base their knowledge of our constitutional systems on TV shows and movies....rather than reading the Constitution itself. Or case law.