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  • 22
    hours
    ago

    Majority of Colorado sheriffs file suit against new gun laws

    By Matthew DeLuca, Staff Writer, NBC News

    Sheriffs in Colorado filed a federal lawsuit Friday ahead of the implementation of new state gun laws that broaden background checks and limit the size of ammunition magazines, saying that the bills would be nearly impossible to enforce.

    The laws "severely restrict citizens' rights to own, use, manufacture, sell, or transfer firearms and firearms accessories," the sheriffs said in their complaint in the U.S. district court.

    "This is a bipartisan effort," said Larimer County Sheriff Justin Smith. "These are Democratic sheriffs and Republican sheriffs who came together."

    The National Shooting Sports Foundation, magazine-maker Magpul Industries, and the Colorado State Shooting Association were among other groups that filed suit alongside sheriffs against the laws, which are set to take effect June 1.

    Scarred by some of the deadliest incidents of gun violence in American history, including last year's Aurora movie theater shooting and the 1999 shooting at Columbine High School, the state's gun control bills gained national attention as various states and the federal government debated new gun restrictions.

    The sheriffs said in the filing that their ability to enforce the laws, particularly the ban on magazines that hold more than 15 rounds, will be constrained by other concerns.

    "The Sheriffs have limited resources and limited public funds to spend on investigations," they said in the court documents. "They cannot expend those resources to conduct investigations that would be necessary to monitor compliance with the new magazine restrictions. No documentation has ever been required for the retail or private purchase of magazines, making it a practical impossibility for the Sheriffs to determine whether one of the many magazines already in existence was obtained after the effective date."

    The sheriffs also said that Coloradans would find it difficult to comply with expanded background check regulations that would require transfers between individuals to be conducted through a federally licensed firearms dealer. That's because many licensed firearms dealers in the state "are unwilling to conduct the transfer under such conditions," they argued.

    Colorado Attorney General John Suthers released a statement on Friday saying that his office would pursue court rulings on the gun legislation “as expeditiously as possible.”

    “Colorado citizens, and law-abiding gun owners in particular, deserve such clarification,” Suthers said in the statement.


    Follow @NBCNewsUS

    The state has 64 sheriffs, said Chris Olson, executive director of the County Sheriffs of Colorado. The lawsuit is being brought forth “by individual sheriffs” and his organization is not a party to the suit, he said.

    At least one lawman has said that deciding which laws are constitutional should stay out of the hands of Colorado’s sheriffs.

    Arapahoe County Sheriff Grayson Robinson, whose county includes the Aurora movie theater where 12 people were killed last year, released a statement in January pushing back against sheriffs who said they would not enforce new gun laws.

    “Public safety professionals serving in the executive branch do not have the constitutional authority, responsibility, and in most case, the credentials to determine the constitutionality of any issue,” Robinson said in the statement. “Law enforcement officials should leave it to the courts to decide whether a law is constitutional or not.”

    Robinson identified himself as a supporter of Second Amendment rights in the statement, and said he would like to see better mental health services and stricter penalties for people who commit gun crimes.

    Related:

    • Colorado Gov. Hickenlooper signs landmark gun-control bills
    • Colorado sheriff blasts colleagues over refusal to enforce gun laws
    • After Newtown, states slow to embrace new gun laws

     

     

    1811 comments

    Good for you Sheriffs, at least they have some common sense!

    Show more
    Explore related topics: sheriff, shooting, colorado, denver, columbine, gun-control, aurora, hickenlooper, newtown, county-sheriffs
  • 2
    days
    ago

    Judge to hear Aurora suspect's arguments on constitutionality of Colorado's insanity defense

    By Becky Bratu, Staff Writer, NBC News

    The judge who will hear the capital murder case against accused Colorado theater gunman James Holmes said Thursday he will hold a hearing on the constitutionality of Colorado's insanity defense law in death penalty cases.

    Arapahoe County District Judge Carlos Samour Jr. ruled that he will consider a defense motion that argues the statute is unconstitutional because it prevents  Holmes from calling his own mental-health experts at sentencing if he refuses to cooperate with court-appointed psychiatrists.

    This decision comes just three days after Holmes' lawyers said they wanted to change his not guilty plea to not guilty by reason of insanity.

    Holmes appeared in court Monday with a thick, brown beard. He sat wordlessly and stared straight ahead as his attorney, Daniel King, told the judge that the defense has a mental illness diagnosis for the 25-year-old former medical student at University of Colorado-Denver.

    Prosecutors said last month that they would seek the death penalty for Holmes.

    Earlier in the case, defenders had asked then-presiding Judge William Sylvester to declare Colorado's insanity defense law unconstitutional because it compels a defendant to work with court-appointed psychiatrists, which may violate one's right against self-incrimination. Prosecutors objected to these claims.

    But Samour, who was assigned the case last month, ordered both sides to present arguments on the issue at a hearing next week.

    Court documents read:

    "The Court orders the parties to confer... on the defendant's contention that [the insanity defense law] is unconstitutional to the extent it prevents him from calling any psychiatrist or other expert witness to provide evidence of his mental condition at the sentencing hearing if he fails to cooperate with psychiatrists and other personnel conducting the Court-ordered sanity examination."

    Twelve people were killed and 58 wounded on July 20, 2012, at a midnight showing of the movie “The Dark Knight Rises” in the Denver suburb of Aurora. Holmes has been charged with 166 counts of murder, attempted murder, and other offenses in connection with the massacre.

    Related:

    Accused Aurora theater shooter requests plea change

     

     

    8 comments

    this is going to go on and on and on and on and on and on and on and on and on and on and on and on and on and on and on and on and on and on and on and on then an appeal then on and on and on ........

    Show more
    Explore related topics: holmes, colorado, crime, featured, aurora
  • Updated
    7
    May
    2013
    10:01pm, EDT

    Colorado theater shooting suspect wants to use insanity defense

    Pool / Reuters file

    James Eagan Holmes at his arraignment March 12 in Centennial, Colo.

    By M. Alex Johnson, staff writer, NBC News

    James Eagan Holmes, the man accused of killing 12 people and injuring 70 others in a Colorado movie theater last year, wants to plead not guilty by reason of insanity, his lawyers said in court documents filed Tuesday.

    Holmes could seek to enter the plea next Monday, when he's scheduled in court.


    That's assuming the judge goes along. Arapahoe County District Judge William Sylvester previously entered a not guilty plea for Holmes, rejecting the claims of his defense lawyers that the state's law governing insanity pleas is unconstitutional. To change the plea now, Holmes' lawyers will have to show "good cause."

    Sylvester has ordered that if Holmes goes through with an insanity defense, he would have to turn over the names, addresses and medical reports of any doctor or psychologist who has ever treated him for a psychiatric condition.


    Follow @NBCNewsUS

    Holmes would also immediately be committed for a state examination, during which doctors would be allowed to administer "such drugs as are medically appropriate" to ensure his lucidity.

    Prosecutors have said they will seek the death penalty for Holmes, 25, a former medical student at the University of Colorado-Denver. He is charged with 166 felony counts of murder, attempted murder and other felonies in the shootings July 20 at a theater in Aurora showing the premiere of "Batman: The Dark Knight Rises."

    Related:

    Notice of intent to change plea by Holmes' lawyers (.pdf)

    Watch US News crime videos on NBCNews.com

    This story was originally published on Tue May 7, 2013 6:43 PM EDT

    250 comments

    I support the death penalty for the criminally insane!!!

    Show more
    Explore related topics: guns, crime, featured, aurora, updated, james-holmes
  • 3
    May
    2013
    6:55am, EDT

    NRA annual meeting convenes as gun-control debate rages

    Johnny Hanson / AP

    Barry Bailey and his wife Judy, of DeRidder, La., walk out hand-in-hand, after having their 1873 Winchester shotgun appraised at the NRA's Antiques Guns and Gold Showcase during the National Rifle Association's 142 Annual Meetings and Exhibits at the George R. Brown Convention Center in Houston. The 2013 NRA Annual Meetings and Exhibits runs from Friday through Sunday, with more than 70,000 people expected to attend.

    By Gabe Gutierrez, NBC News

    HOUSTON – A thousand miles couldn’t keep them away.

    Bob Kittredge, 73, and his wife drove from Port St. Lucie, Fla., this week to attend the National Rifle Association’s annual convention. They are just two of the more than 70,000 people expected at the event, which opens Friday and runs through Sunday.

    “We meet a lot of people who think the same way we do,” Kittredge said.

    It will be a nine-acre gun show in the middle of a national gun fight.

    About 550 exhibitors have packed the sprawling George R. Brown Convention Center in downtown Houston.

    In the midst of a national fight over gun control laws, the National Rifle Association will hold its annual meeting in Houston this weekend, with Sarah Palin, Rick Perry, Bobby Jindal and more scheduled to speak.

    "NRA members vote and their friends vote,” said Drew Kelley, who said he’s been an NRA member for most of his life. “That is what's driving all this."

    Kelley works for ProMag Industries, a firearm magazine manufacturer in the Los Angeles area that’s been in business for about 35 years and employs about 150 people.

    Kelley said he values the Second Amendment – and that recent attempts at tighter gun control measures are misguided.

    “The whole idea was to keep people who should not have guns from acquiring them,” he said. “But the people who they're talking about don't go through the normal commercial processes anyway.”

    'Stand and Fight'

     After the mass shootings in Aurora, Colo., and Newtown, Conn., the NRA’s opponents seemed to have momentum. But two weeks ago, a bipartisan compromise on expanded background checks for commercial gun sales was shot down in the Senate.

    “We don't mistake battles for wars,” outgoing NRA president David Keene told NBC News. “It was a victory in a battle, but the war continues.”

    Keene’s two-year term concludes at the convention. Starting Monday, Keene will be replaced as president by Alabama attorney Jim Porter, although Executive Vice President Wayne LaPierre will continue to be the organization’s main spokesman.

    In his letter to convention attendees, LaPierre writes: “For months, our enemies have laid siege to the rights we cherish…But we are proving to be stronger than ever.”

    This year’s convention slogan: “Stand and Fight.”

    “My concern as an NRA member is that any legislation needs to be targeted towards criminals and not law-abiding people,” said Bill Dermody, who works for Savage Arms, the Massachusetts-based firearm manufacturer that is one of the largest in the country and one of the convention’s 550 exhibitors.

    On Friday afternoon, scheduled speakers include Sarah Palin, Texas Gov. Rick Perry, Texas Sen. Ted Cruz, Louisiana Gov. Bobby Jindal and former Pennsylvania Sen. Rick Santorum.

    The opposition

     Outside the convention hall, several gun control advocates are planning to protest. At least one relative of a Newtown victim will attend. Another group plans to set up across the street and read 4,000 names of victims of gun violence.

    The NRA’s opponents are launching a coordinated effort ahead of the 2014 midterm elections. The groups claim they finally have the financial clout to challenge the NRA thanks to Super PACs backed by New York Mayor Michael Bloomberg and former Arizona congresswoman Gabrielle Giffords.

    "We're simply losing too many loved ones to this epidemic and it's time for change," said Ladd Everitt, the spokesman for the Coalition to Stop Gun Violence. “And if people won't do the right thing, then we are going to work tirelessly to make sure their political careers come to an end.”

    Gun control advocates argue that the NRA’s leadership cares more about the gun industry – and profit – than the rights of gun owners.

    “I think the NRA leadership is wildly out of step with their own members on the issue of expanding background checks,” Everitt said.

     

     

    2250 comments

    There have been 72,005,482 background checks for gun purchases since President Obama took office, according to data released by the FBI. In 2009, the FBI conducted 14,033,824 background checks.

    Show more
    Explore related topics: gun-control, aurora, nra, newtown
  • 11
    Apr
    2013
    3:48am, EDT

    Conspiracy theorist harassed Aurora shooting victims' families, cops say

    Portland Police Bureau

    Kevin Purfield, 45, of Portland, Oregon.

    By Teresa Carson, Reuters

    PORTLAND, Oregon - An Oregon man was arrested on Wednesday on suspicion of harassing family members of some of the 12 people slain by a gunman who opened fire on moviegoers inside a Colorado theater last summer, police said.

    Kevin Michael Purfield, 45, of Oregon, is accused of contacting relatives of the Aurora, Colorado, victims through telephone calls, email and social media networks, police in Portland and Aurora said.

    Portland Police Bureau Sergeant Pete Simpson said he had little information about Purfield's background aside from the fact that law enforcement had previous contact with the suspect, including at least one "mental health call."

    Slideshow: Shooting at Batman screening in Aurora, Colo.

    /

    Twelve people were killed and 58 injured when a gunman opened fire during the premiere of a Batman movie.

    Launch slideshow

    A spokesman for the Aurora police, Frank Fania, said Purfield's contacts with victims' families numbered in the dozens, and started with the suspect offering unfounded conspiracies about the massacre.

    "In the beginning it was this conspiracy theory stuff," Fania said, "then it went away from the conspiracy theory into personally attacking the families, calling them names and hoping bad things would happen to them."

    A Facebook page and blog identified as belonging to Purfield stated, for example, that some coffins of the Aurora victims were empty. There were also discussions of the September 11, 2001, attacks on America and the December 2012 mass shooting that left 20 children and six adults slain at Sandy Hook Elementary School in Newtown, Connecticut.

    The suspect in the Aurora shooting rampage, James Holmes, 25, is charged with multiple counts of first-degree murder and attempted murder, and prosecutors announced last week that they would seek the death penalty if he were convicted.

    The July 20 shooting spree, unleashed during a midnight showing of the Batman film "The Dark Knight Rises," also left 58 people wounded.

    New court documents released by a Colorado judge show that Aurora theater shooter James Holmes had threatened his psychiatrist and showed other troubling signs well before his shooting spree, raising questions about whether enough was done before he picked up a weapon.

    Aurora police contacted the Portland Police Bureau in February, seeking assistance in an investigation into the harassment reported by victims' families.

    Purfield was arrested without incident and booked on five misdemeanor charges of telephonic harassment and one count of stalking, police said.

    Prosecutors in the Holmes case recently raised the issue in connection with arguments over newly unsealed court records, citing "ongoing harassment" of victims and witnesses and "potential intimidation by individuals who have no relationship to the case."

    Victims' identities were made public in some case documents, and the names of the dead, their families and survivors of the shooting have appeared in numerous media accounts of the tragedy and its aftermath.

    Purfield was jailed in lieu of $10,000 bond and was slated to be arraigned in Multnomah County Court on April 11. The case would be tried in Portland. 

    Copyright 2013 Thomson Reuters. Click for restrictions.

    192 comments

    They are saying just like Sandy hook. it didnt happen...NRA has some messed up members.

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    Explore related topics: theater, shooting, colorado, harassment, us-news, featured, batman, aurora, crime-courts
  • 4
    Apr
    2013
    9:03pm, EDT

    Psychiatrist warned of Holmes threats before shooting, documents show

    Pool / Reuters file

    Accused Aurora theater shooting suspect James Holmes listens at his arraignment in Centennial, Colorado in this file photo taken March 12, 2013.

    By Andrew Rafferty, Staff Writer, NBC News

    A University of Colorado at Denver psychiatrist treating movie-theater massacre defendant James Holmes warned police of "homicidal statements" Holmes made one month before the Aurora, Colo., attack, according to a search warrant unsealed Thursday.


    Follow @NBCNewsUS

    Dr. Lynn Fenton reported to University of Denver Police in June that Holmes posed a threat to the public through violent comments he made to her, according to the newly released court documents.

    She also advised police that Holmes had stopped seeing her but had begun threatening her via text messages.

    Holmes is accused of killing 12 and injuring 70 in a gruesome attack on a movie theater in Aurora, Colo. on July 20.

    According to the document, University of Denver Police alerted Aurora, Colo. authorities of the received threat shortly after the attack.

    The search warrant also reveals that on July 12, shortly before the shooting, Holmes sent Fenton a notebook that contained burned $20 bills.

    The documents were released late Thursday after a judge ruled the arrest and search warrant affidavits could be unsealed following a request from various media organizations. 

    District Judge Carlos Samour said the information had largely already been made public during court proceedings. But both prosecuting and defense attorneys objected.  

    Holmes attorney's said they worried the release could hurt their client's chances at a fair trial. Prosecutors expressed concerns about the privacy of victims and witnesses.

    Samour took over the case earlier this week after previous Judge William Sylvester stepped down, unable to commit the time necessary to preside over a death penalty case.  

    On Monday, prosecutors announced they would seek the death penalty, despite the defense's offer to have Holmes plead guilty and serve a life sentence. 

     

     

    478 comments

    WHY has it taken all this time for this doctor's information to reach the public????? This really irritates me. The acts are done, so why save this information? I sometimes think law enforcement saves information so they can have a good case (for themselves).

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    Explore related topics: shooting, colorado, aurora, james-holmes
  • Updated
    1
    Apr
    2013
    1:14pm, EDT

    ‘Justice is death’ for alleged shooter in Batman rampage, prosecutor says

    MSNBC's Thomas Roberts gets the latest from the trial of James Holmes from NBC's Leanne Gregg and attorney Gary Lozow. Prosecutors will seek the death penalty against Holmes.

    By Erin McClam, Staff Writer, NBC News

    Prosecutors said Monday that they will seek the death penalty for James Holmes, the man accused of gunning down 12 people and wounding 70 at a Batman movie last summer in Colorado.


    Follow @NBCNewsUS

    George Brauchler, the district attorney for Arapahoe County, said he made the decision after speaking with more than 800 victims and family members.

    “It’s my determination and my intention that in this case, for James Eagan Holmes, justice is death,” he said at a hearing.

    Brauchler had already rejected an offer from the defense to let Holmes plead guilty and serve a life sentence.

    Judge William Sylvester of the Colorado circuit court entered a plea of not guilty for Holmes last month after his lawyers said they were not ready to plead. The judge left the door open for lawyers to mount an insanity defense.

    Sylvester on Monday set Holmes’ trial for Feb. 3, 2014, and said it would last about four months. He handed the case to a new judge, Carlos Samour. The trial had originally been scheduled to begin in August.

    “This is not an ordinary case. We ask the judge not to rush,” one of Holmes’ lawyers, Tamara Brady, said, answering prosecution claims that the defense has tried to delay the legal process. “This is the most important matter the court will ever hear.”

    The two sides in the case fought in public last week. After the defense made its offer, Brauchler said in a filing that Holmes’ lawyers were only trying to generate sympathy for their client.

    The only conclusion, the prosecutor wrote, “is that the defendant knows he is guilty, the defense attorneys know he is guilty and that both of them know that he was not criminally insane.”

    Brauchler wrote an Op-Ed in The Denver Post over the weekend defending the death penalty. Colorado legislators have considered banning it. He did not name Holmes but wrote of capital punishment as an important tool of justice.

    “Repealing the death penalty would result in acts similar to those in Newtown, Conn., or the acts of Tim McVeigh being punished no differently than a single murder of one gang member by another,” the prosecutor wrote. “Each murder after the first would be a freebie.”

    Injection is the method for capital punishment in Colorado. The state has executed only one inmate since the Supreme Court reinstated the death penalty in the United States in 1976, according to the Death Penalty Information Center. That execution was in 1997.

    R.J. Sangosti / Pool

    Aurora theater shooting suspect James Holmes listens at his arraignment March 12.

    Holmes’ lawyers have said that jailers determined he was a danger to himself and needed a mental evaluation, and that he was held for several days in a psychiatric ward, sometimes in restraints.

    He surrendered to police within minutes of the July 12 shooting rampage at a midnight screening of the movie “The Dark Knight Rises” in Aurora, Colo., a suburb of Denver.

    At his first court appearance, Holmes had stark, red-orange hair and wore a blank stare. He has since appeared more stable and natural-looking. He showed up in court last month with a bushy beard.

    The hearing Monday was set to begin at 11 a.m. EDT. Legal observers have pointed out that the two sides could still reach a plea deal later, even as prosecutors seek to put Holmes to death.

    NBC News producer John Boxley, Reuters and The Associated Press contributed to this report.

    This story was originally published on Mon Apr 1, 2013 8:17 AM EDT

    894 comments

    There are survivors who can say they saw him pull the trigger, and that should be all the judge needs. March him out back and put a bullet in his head and move on to the next case. Stop wasting taxpayer money to defend this scum, since the world already knows he's guilty.

    Show more
    Explore related topics: shootings, colorado, aurora, updated, james-holmes
  • Updated
    28
    Mar
    2013
    9:09pm, EDT

    Colorado prosecutors reject Holmes' guilty plea offer as publicity stunt

    Attorneys offer up a guilty plea for accused Aurora, Colorado shooter, James Holmes, in order to save his life. NBC News' Leanne Gregg reports.

    By Jeff Black, Staff Writer, NBC News

    Colorado prosecutors say an offer by lawyers representing mass-murder suspect James Holmes — to plead guilty in exchange for not seeking the death penalty — amounts to a publicity stunt and may violate a gag order attorneys signed in the case.


    Follow @NBCNewsUS

    Holmes is accused of killing 12 and injuring 70 movie-goers at the premiere of a Batman film in Aurora, Colo., on July 20.

    On Wednesday, defense lawyers filed a motion in Arapahoe County Court saying that Holmes would be willing to plead guilty and spend the rest of his life in prison if there was no chance he’d be executed.

    But Thursday, prosecutors reacted sharply in a 12-page motion of their own in which they denies that defense’s filing constituted a legitimate offer, accusing the defense of improper "attempts to involve this court in plea negotiations." 


    Arapahoe County prosecutors also questioned whether the defense was acting in "good faith" and if their plea-deal filing was "a calculated attempt to improperly inject the issue" into the public debate over the case.

    The prosecutors said they have tried but never received a real plea offer or enough information from the defense on a possible plea bargain.

    In their filing, prosecutors cite a statement from the head of the Colorado Public Defenders Office, Doug Wilson, to the Associated Press suggesting that district attorneys might not have told victims and families of the shooting that a plea offer was on the table. Prosecutors say those comments by Wilson might be in violation of the judge's gag order to attorneys in the case.

    Legal experts say the case — in which Holmes, 25, is accused of 166 felony counts of murder, attempted murder and other felonies — pivots on whether the former grad student was legally insane when he opened fire in the crowded midnight screening of “The Dark Knight Rises.”

    Though Holmes’ defense lawyers had hinted at an insanity defense, they have given no definitive indication of how they would plead in the case, NBC station KUSA reported. The judge entered a not guilty plea for Holmes during his March 12 arraignment.

    The next hearing in the case is set for Monday. Prosecutors earlier were expected to announce if they would seek the death penalty by then, but now it remains unclear.

    A trial date has been set for Aug. 12.

    NBC producer Jack Chesnutt contributed to this report.

    Related:

    Defense attorneys: Theater massacre suspect James Holmes would plead guilty to spare his life

    Judge enters plea of not guilty for accused Colorado movie gunman, sets August trial

     

    This story was originally published on Thu Mar 28, 2013 9:08 PM EDT

    154 comments

    I find it hard to fathom that the powers that be are into making money off of this taxpayer funded trial when he is so totally guilty..but that is...how they (the system) makes their money,doing the right thing and putting this creep to a slow and painfull death like the ones he wounded and killed,w …

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    Explore related topics: death-penalty, guns, crime, featured, aurora, updated, james-holmes
  • Updated
    27
    Mar
    2013
    6:02pm, EDT

    Defense attorneys: Theater massacre suspect James Holmes would plead guilty to spare his life

    By Jeff Black, Staff Writer, NBC News

    Lawyers for James Holmes -- accused in a shooting rampage that killed 12 at a "Batman" movie in Colorado -- have offered to enter a guilty plea and have their client spend the rest of his life in prison in exchange for avoiding the death penalty.

    Prosecutors have not yet accepted the plea deal. They were expected to announce April 1 whether they would seek the death penalty.


    Holmes, who appeared in court with dark hair and beard, has been charged with murdering 12 people during a mass shooting in a Denver-area movie theater during a showing of "The Dark Knight Rises." The former neuroscience student was told he could change his plea to guilty by reason of insanity at a later date. NBC's Brian Williams reports.

    Rob McCallum, a spokesman for Colorado courts, confirmed the public defender's filing of the plea deal on Wednesday.

    At his arraignment on March 12, defense attorneys declined to enter a plea for Holmes.

    Instead, a judge entered a plea of not guilty, opening the door for attorneys to mount an insanity defense.

    Earlier, Circuit Court Judge William Sylvester ruled that Holmes would have to waive medical confidentiality, turn over medical reports, and agree to be drugged for a psychiatric exam if he wanted to plead not guilty by reason of insanity.

    Defense lawyers claimed in court documents that Holmes was hospitalized for several days after the shooting and required restraints.

    Holmes, 25, is accused of 166 felony counts of murder, attempted murder and other felonies in the July 20 shootings at the crowded midnight screening of “The Dark Knight Rises” in Aurora, Colo.  In addition to the 12 people killed, 70 others were wounded.

    Prosecutors say that Holmes planned the attack for months, time in which he cased the theater complex and compiled a small arsenal of weapons. The former graduate student put on a police-style helmet and body armor, tossed a gas canister into the theater crowd and started shooting, prosecutors said.


    Follow @NBCNewsUS

    His defense lawyers had hinted at an insanity defense, NBC station KUSA reported, but had given no definitive indication of how they would plead in the case.

    If Holmes does change his plea, his attorneys would need to ask the judge for a hearing.

     A trial date was set for Aug. 12.

    Related: Judge enters plea of not guilty for accused Colorado movie gunman, sets August trial

    This story was originally published on Wed Mar 27, 2013 6:02 PM EDT

    86 comments

    Death penalty for sure, this loser could live for fifty years in prison. At $50,000 a year in expenses he will cost taxpayers millions to warehouse for decades. He will no doubt want a sex change at some point, adding to the expense. This guys needs the needle.

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  • Updated
    12
    Mar
    2013
    7:45pm, EDT

    Judge enters plea of not guilty for accused Colorado movie gunman, sets August trial

    Holmes, who appeared in court with a dark beard and hair, has been charged with murdering 12 people during a mass shooting in a Denver movie theater during a showing of "The Dark Knight Rises." The former neuroscience student was told he could change his plea to guilty by reason of insanity at a later date. NBC's Brian Williams reports.

    By Erin McClam, Staff Writer, NBC News

    A judge entered a plea of not guilty Tuesday for James Holmes, the man accused of massacring 12 people at a Batman movie last summer, and scheduled a one-month trial beginning in August.

    Judge William Sylvester of Colorado circuit court entered the plea after lawyers for Holmes said they were not ready to plead. The judge left the door open for lawyers to mount an insanity defense later.

    RJ Sangosti / Denver Post / Pool via AP

    James Holmes, Aurora theater shooting suspect, sits in the courtroom during his arraignment in Centennial, Colo., on Tuesday, March 12, 2013.

    Holmes walked into the courtroom in Centennial, Colo., and locked eyes with his parents, who were sitting in the second row of the courtroom. He did not show any emotion.

    The judge set an Aug. 5 trial date. Prosecutors will announce by April 1 whether they will seek the death penalty.

    The judge ruled Monday that Holmes must waive medical confidentiality and agree to be drugged for a psychiatric exam if he wants to claim that he is not guilty by reason of insanity. His lawyers had claimed that those provisions violated his constitutional rights.

    Sylvester ruled that Holmes would have to turn over the names, addresses and medical reports of any doctor or psychologist who has treated him for a psychiatric condition.

    The defense claimed in papers revealed last week that Holmes was hospitalized for several days last fall and required restraints.

    Twelve people were killed and 70 injured in the July 20, 2012, shooting rampage at a midnight screening of the movie “The Dark Knight Rises” in Aurora, Colo. Holmes surrendered to police within minutes of the attack.

    At his first court appearances, Holmes had reddish-orange hair and a blank stare. At subsequent hearings, his hair has been more natural-looking and his demeanor more stable. He appeared Tuesday with a bushy beard.

    Colorado lawmakers on Monday advanced a package of legislation aimed at reducing gun violence in the state.

    The Associated Press and Reuters contributed to this report.

    This story was originally published on Tue Mar 12, 2013 10:23 AM EDT

    199 comments

    Put him on the stand and televise it... like O.J. and Jodi Arias ~

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  • Updated
    11
    Mar
    2013
    7:40pm, EDT

    Judge rules theater massacre suspect James Holmes can be drugged for psychiatric exam

    James Eagan Holmes is scheduled to enter a plea Tuesday in the July shootings at a Colorado movie theater. NBC's Leanne Gregg reports.

    By M. Alex Johnson, staff writer, NBC News

    The man charged with killing 12 people in a crowded Colorado movie theater last year must waive all medical confidentiality and agree to be drugged for a psychiatric exam if he wants to plead guilty by reason of insanity, a judge ruled Monday.

    Circuit Judge William Sylvester confirmed in the order that Holmes, 25, had asked to enter an insanity plea to 166 felony counts of murder, attempted murder and other felonies in the shootings July 20 at a theater in Aurora showing the premiere of "Batman: The Dark Knight Rises."


    Holmes' lawyers had raised several objections to the state's law governing insanity pleas. Among them were complaints that fully waiving their client's medical confidentiality and that administering drugs to assist in any court-ordered examination violated his constitutional rights.

    Sylvester rejected those claims on Friday.

    Holmes is scheduled to be arraigned in 18th Circuit Court in Arapahoe County on Tuesday. 


    Follow @NBCNewsUS

    If Holmes goes through with an insanity defense, Sylvester said, he will immediately have to turn over the names, addresses and medical reports of any doctor or psychologist who has ever treated him for a psychiatric condition. 

    He will also immediately be committed for a state examination, during which doctors will be allowed to administer "such drugs as are medically appropriate" to ensure his lucidity, Sylvester ordered.

    More: Read the full order (.pdf)

    Defense documents made public Friday revealed for the first time that Holmes was hospitalized in a psychiatric ward in November for "several days, frequently in restraints."

    In the the documents, Holmes' lawyers asked Sylvester to order Denver Health Medical Center, where Holmes was taken from the Arapahoe County jail by ambulance Nov. 15, to preserve video it made of his treatment and observation.

    Sylvester didn't rule on that motion Monday.

    Prosecutors still haven't said whether they intend to seek the death penalty for Holmes. They have two months following next week's arraignment to declare their intentions.

    Follow M. Alex Johnson on Twitter and Facebook.

    This story was originally published on Mon Mar 11, 2013 7:40 PM EDT

    217 comments

    Is a 5x7 really necessary??? ugh. If you're going to drug him, just use the lethal one and get it over with!!

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    Explore related topics: guns, crime, featured, aurora, updated, james-holmes
  • Updated
    8
    Mar
    2013
    6:26pm, EST

    Judge rejects Colorado theater shooting suspect's motions on insanity plea

    Arapahoe County Sheriff's Office via AFP - Getty Images

    James Eagan Holmes is scheduled to be arraigned Tuesday, March 12, on 166 felony counts in the July 2012 Colorado theater shootings.

    By M. Alex Johnson, staff writer, NBC News

    The judge in last year's Colorado theater shootings, in which 12 people died and 70 others were wounded, rejected the defense's request Friday that he strike down the state's law on insanity pleas.

    Lawyers for James Eagan Holmes, 25, who's charged with 166 felony counts, filed motions last week signaling that they were considering entering a plea of not guilty by reason of insanity when he is formally arraigned next Tuesday. He is accused of storming a theater in Aurora showing the premiere of "Batman: The Dark Knight Rises" on July 20 and opening fire with an armament of legally acquired weapons. 


    Holmes' lawyers asked the judge to declare Colorado's insanity law unconstitutional and in violation of his Fifth Amendment protection from self-incrimination, arguing that it was unclear when a defendant may waive his right to remain silent and whether he must reveal confidential medical information.


    Follow @NBCNewsUS

    In a lengthy ruling Friday (.pdf), Arapahoe County District Judge William Sylvester rejected all but one of Holmes' arguments, saying many had already been settled by Colorado's courts and that others were "dependent on hypothetical facts and circumstances" that weren't before the court.

    Sylvester granted Holmes' request for a written explanation of the consequences of pleading not guilty by reason of insanity, which he attached to the ruling.

    Defense documents made public Friday added weight to the supposition that Holmes plans to plead insanity, revealing for the first time that Holmes was hospitalized in a psychiatric ward in November for "several days, frequently in restraints."

    The disclosure came in a new motion asking the court to make sure that Denver Health Medical Center, where Holmes was taken from the Arapahoe County jail by ambulance Nov. 15, preserved video it made of his treatment and observation. 

    The motion said that both prosecutors and defense attorneys had been denied access to the tapes, which it said were "necessary to effectuate Mr. Holmes' constitutional right to due process."

    The Nov. 15 date is significant. Just two days earlier, Holmes was sent to the same hospital after he rammed his head into a wall at the jail — an incident that was publicly reported.

    Prosecutors still haven't said whether they intend to seek the death penalty for Holmes. They have two months following next week's arraignment to declare their intentions.

    Follow M. Alex Johnson on Twitter and Facebook.

    NBCNews.com's complete coverage of the Colorado theater shootings

    This story was originally published on Fri Mar 8, 2013 6:26 PM EST

    105 comments

    It is obvious this monster was not insane and he planned out every meticulous step of his actions. He now needs to face the families of those whose lives he took, so many whose lives he has devastated and changed forever. The last thing he should expect is any more drawn out delays. It  …

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