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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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  • 28
    Jan
    2013
    4:48pm, EST

    Aurora shooting suspect James Holmes' attorneys want to postpone hearing with Fox News reporter

    By Vignesh Ramachandran, Staff Writer, NBC News

    Attorneys for Aurora, Colo., movie theater shooting suspect James Holmes have filed a motion to postpone a hearing pertaining to a Fox News reporter and her sources.

    The defense's court documents filed on Friday ask to move a Feb. 4 hearing in which Fox News reporter Jana Winter was expected to testify. On Jan. 18, a judge ordered Winter to testify about her source who allegedly gave her information about the contents of Holmes' notebook sent to his psychiatrist, The Associated Press reported.


    Follow @NBCNewsUS

    Homes has been charged for allegedly killing 12 and injuring 58 others at an Aurora movie theater on July 20. His defense team claims information about the notebook Winter published in a July 25 article on FoxNews.com compromises Holmes' right to a fair trial, the AP reported.

    In her account, Winter's source describes the notebook as having details about how Holmes was going to kill people and including images of "gun-wielding stick figures blowing away other stick figures."

    In Friday's court filing, Holmes' attorneys request that the hearing be moved to April 1, citing "a complex and difficult process" in obtaining an out-of-state subpoena.


    "...Based on current attempts to communicate with Fox News, Jana Winter's employer, the defense anticipates ongoing resistance in efforts to compel Ms. Winter's attendance and testimony," the filing stated.

    Just two days before the Fox News article was published, Arapahoe County, Colo., District Judge William Sylvester had issued a gag order on those involved with the case to avoid prejudice against Holmes, according to the AP. The leaked notebook contents could be a violation of that gag order.

    Though journalists under Colorado law are protected by reporter's privilege, under certain circumstances they can be ordered to reveal their sources. In this case, the judge will decide if the interests of Holmes' defense outweigh the interests of the journalist, the AP reported.

    The Associated Press contributed to this report.

    Recent related coverage:

    • First suit filed against University of Colorado in Aurora shooting
    • Anger after judge postpones Aurora suspect's arraignment
    • Aurora massacre families brace for raw emotions of trial
    • Photos of Aurora suspect smiling with gun shown at hearing

    2 comments

    The Fox reporter should not be compelled to testify. The gag ordered people involved with the investigation not reporters. Also the hearing should not be delayed. I have to say congratulations to FoxNews for protecting their reporter.

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  • 24
    Jan
    2013
    10:46pm, EST

    Judge urges tossing out wrongful death claims in Aurora shooting

    By Kari Huus, Staff writer, NBC News

    Claims of negligence and wrongful death against the Colorado theater where a gunman went on a shooting spree in July should be tossed out, a federal magistrate judge said on Thursday.

    The Denver Post reported that the decision by U.S. Magistrate Judge Michael Hegarty applies to seven lawsuits filed last year in federal court against Cinemark, owner of the Century Aurora 16 theater where the attack took place.


    Follow @NBCNewsUS

    The shooting, which left 12 people dead and 58 wounded, sparked at least 10 lawsuits against Cinemark claiming that poor security at the theater enabled the gunman’s attack, the report said.  

     

    Hegarty says that Colorado law does not allow people wounded or families of people killed in the shooting to make claims of negligence and wrongful death against the theater. His decision is merely a recommendation to U.S. District Court Judge R. Brooke Jackson, who is overseeing the case, but it carries significant weight, according to the Post.

    The suspected gunman, James Holmes, is in prison awaiting trial. He is charged with 24 counts of first-degree murder — two for each of the people killed when he opened fire on the audience at a late night showing of "Dark Knight Rises." He is also charged with 116 counts of attempted murder and possession of explosives. Holmes has not entered a plea.

    The Century Aurora 16 in the Denver suburb of Aurora, Colo., which was closed after the July 20 mass killing, reopened last week, after months of renovation and redesign.

    Follow Kari Huus on Facebook

    276 comments

    This country is sue-crazy. How about suing the perpetrator? You know, the guy who actually carried out the shootings?

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    Explore related topics: shooting, law, crime, featured, aurora, kari-huus, dark-knight-rises
  • 16
    Jan
    2013
    7:23pm, EST

    Aurora, Colo., theater opens to shooting victims and their families

    Jonathan Castner / AFP - Getty Images file

    Police cars are seen in in this July 20, 2012 photo in front of the Century 16 theater in Aurora, Colorado.

    By Jeff Black, Staff Writer, NBC News

    The Aurora, Colo., theater where a gunman opened fire at movie-goers in a midnight premiere of a Batman movie, killing 12 and injuring 58, is open to victims and their families.


    Follow @NBCNewsUS

    The theater was reopened on Tuesday and Wednesday for private visits, and on Thursday a grand opening ceremony and formal reopening is planned, local media reported.

    Gov. John Hickenlooper, Aurora Mayor Steve Hogan, and Cinemark CEO Tim Warner were expected to speak at the event, billed as a remembrance, the Denver Post reported.


    Initially, some victims’ families were outraged by the invitation from Cinemark to attend the event, but others have said that visiting the theater is important to healing from the tragedy.

    Multiple lawsuits have been filed by saying the theater owner didn’t provide enough security the night of July 20, 2012.

    Widow sues university over Aurora shooting

    James Holmes, who authorities said dressed as the Joker as he sprayed gunfire at people attending “The Dark Knight Rising,” is accused in the crimes. He has not entered a plea.

    The movie house gets a new name, “Century Aurora,” and was expected to be completely remodeled into an XD theater with a wall-to-wall, ceiling-to-floor screen.

    Pierce O’Farrill, who survived the shooting but was shot three times, told the CBS station in Denver he plans to attend.

    “It’s important for me, for my healing to go back to that place. I was very close to death,” O’Farrill told CBS4. “For me I think it’s therapeutic.”

    Tom Sullivan’s son Alex was killed in the shooting. He will be attending as a tribute to his son, who loved going to the movies, he told local media.

    "Sometimes people in the community might look to some of us who have lost a loved one, to see if it's OK to laugh again or go to the movies," Sullivan told the Denver Post. "And for me, it is OK. Going to the movies is what I like to do." 

    Two fathers of Aurora theater victims describe watching the accused gunman, James Holmes, in court. KUSA's Todd Walker reports.

    53 comments

    I don't see the theater as responsible for any of this, they should not be sued. There is pretty much no level of security that would have stopped this from happening.

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  • 16
    Jan
    2013
    1:53pm, EST

    First suit filed against University of Colorado in Aurora shooting

    Arapahoe County Sheriff via AP

    Aurora massacre suspect James Holmes, shown here in a photo released by the Arapahoe County Sheriff's Office. A federal lawsuit has accused the University of Colorado of failing to stop his rampage.

    By Tracy Connor, Staff Writer, NBC News

    The widow of an Aurora massacre victim has filed a lawsuit against the University of Colorado, claiming a school psychiatrist could have prevented the slaughter by having cops lock up student James Holmes after he "fantasized about killing a lot of people."

    The case could be the first of several actions against the university, which received 11 notices of possible lawsuits from victims' families before a 180-day deadline for state filings expired this week.

    "I believe any lawsuits would not be well-founded either legally or factually," university counsel Patrick O'Rourke said, adding that he could not comment further because of doctor-patient confidentiality.

    The suit filed Monday in U.S. District Court in Denver by Chantel Blunk, wife of Navy veteran Jonathan Blunk, alleges that Dr. Lynne Fenton "knew that James Holmes was dangerous" after the grad student told her on June 11 that he wanted to kill.


    Follow @NBCNewsUS

    "Fenton had a duty to use reasonable care to protect the public at large from James Holmes," the suit says.

    Fenton notified a campus threat-assessment team about her concerns, but turned down a police officer's offer to arrest Holmes and put him under a 72-hour psychiatric hold, court papers say.

    Blunk was one of 12 people killed when Holmes allegedly opened fire during a midnight screening of "The Dark Knight Rises" on July 20. The 26-year-old father of two died shielding another moviegoer from bullets.

    It appears the claims in his widow's suit are based on published reports about Holmes' meeting with Fenton and the actions she took afterward, since much of the evidence in the case is still under wraps.

    The suit doesn't specify damages except to say it's more than $75,000.

    Tom Russell, a University of Denver law professor, said Blunk’s was filed in federal court because she lives in Nevada, but it’s subject to the same restrictions as an action in state court. That includes a limit on total damages to $600,000 for all plaintiffs in cases against the government.

    It's unclear how many of the 11 notices the university has received will result in suits, but Russell said he thinks the chance of success of any potential suits is low.

    Although what Holmes said to Fenton has not been made public because of doctor-client privilege, it appears that it was vague enough that the psychiatrist would not have been legally bound to act on the threat, Russell said.

    Ed Andrieski/AP

    Chantel Blunk, widow of Jonathan Blunk, shown on the left after a preliminary hearing for James Holmes this month.

    Holmes reportedly sent a notebook to Fenton that may contain more specifics, but since the psychiatrist didn't receive it until after the rampage, she can't be held liable for what's in it, Russell added.

    "A lawsuit against the shooter himself is a winning lawsuit," the professor said. "But he has no assets."

    Several families have also filed lawsuits against Cinemark, owner of the movie theater, which is set to reopen Thursday.

    A judge has given prosecutors the go-ahead to put Holmes on trial, but he won't be arraigned until March. In the face of overwhelming evidence, he's expected to mount an insanity defense, which would remove doctor-patient privilege and reveal more about his dealings with Fenton.

     

     

    138 comments

    Greed, just pure greed. Just because someone fantasizes about something is no reason to lock them up. If we do then we have become the thought police and who is the one who decides if a thought is cause enough to have a person locked up.

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  • 11
    Jan
    2013
    3:28pm, EST

    'Rot in hell, Holmes!': Anger after judge postpones Aurora suspect's arraignment

    Judge 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.

    By Mike Taibbi and Tracy Connor, NBC News

    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.


    Follow @NBCNewsUS

    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


     

     

    509 comments

    He looks pretty sane in the picture

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  • 11
    Jan
    2013
    9:36am, EST

    Aurora massacre families brace for raw emotions of trial

    Barry Guiterrez / for NBC News

    Amee Gharbi holds her son, Yousef Gharbi, who was shot during the Aurora, Colo., theater massacre last fall. Doctors told him the the bullet fragment that entered his brain will likely stay there for the rest of his life.

    By Tracy Connor, Staff Writer, NBC News
    Sitting in a preliminary hearing this week, Amee Gharbi was not prepared for the sound of 33 rapid-fire gunshots on a snippet of 911 tape from the Aurora movie-theater massacre.

    She glanced over at her 16-year-old son Yousef, who got a bullet to the brain during the July 20 bloodbath, and "his eyes were as wide as mine."

    Gharbi knows she will likely hear more of the same -- and worse -- after a judge found probable cause for first-degree murder charges against suspect James Holmes late Thursday, putting the case on track for trial.

    But she said she'll endure it in the hope that light will be shed on the big unanswered question looming over the tragedy: Why would someone shoot up a theater full of innocent Batman fans?

    "Holmes maybe will say something," she said hopefully.

    At the very least, she said, the public may get a look inside a notebook he mailed to a University of Colorado psychiatrist in which he reportedly detailed his plans. "Everybody wants to know what's in it," she said.

    The notebook can only be introduced as evidence if Holmes, 25, pleads not guilty by reason of insanity, removing the doctor-client privilege that is keeping it under wraps for now.
    The plea will come at Holmes' arraignment, which won't happen until March 12, the judge ruled Friday. If Holmes does enter an insanity plea, a trial date would not be set until his mental health exam is done, legal expert Scott Robinson said. 

    Follow @NBCNewsUS

    At any point, prosecutors and the defense could strike a deal, thereby avoiding a trial, but many of the Aurora families say they want Holmes judged by a jury, even if it compounds the anguish they felt at this week's hearing.

    Some are hungry for more information about Holmes' thinking and planning. Some seek emotional closure. Others know it’s the only road to capital punishment.

    "Through an entire first day of the hearing, not one person in that room had a dry eye -- except for that son of a b***," Sam Soudani said of Holmes. "As far as I'm concerned, if he wants to be a robot, he should be deactivated."

    'I just want to look him in the eye'
    Soudani's 23-year-old daughter, Farrah, survived the shooting but suffered major organ damage. They both attended the preliminary hearing, but Soudani said Farrah would probably skip any trial.

    "I don't think my daughter could look at him," he said.

    Two fathers of Aurora theater victims describe watching the accused gunman, James Holmes, in court. KUSA's Todd Walker reports.

    For Gharbi, face-time with Holmes is one reason she wants a trial instead of a plea deal.

    "I just want to look him in the eye," she said of the doctoral-program dropout, who stared impassively into the distance during this week's court proceedings.

    A trial isn't a necessity for Scott Larimer, who lost his 27-year-old son John and just wants to make sure that Holmes "never walks the streets again."

    Yet if there is one, he hopes it will reveal whether anyone -- particularly the University of Colorado -- knew what Holmes was capable of and failed to act.

    Larimer, who lives in Illinois, did not attend the preliminary hearing and said he wouldn't be able to handle the trial testimony.

    "When they start talking about finding my son lying on the floor, I'm not sure I'm up to sitting in court. And if there are pictures," he said, trailing off.

    Theresa Hoover, whose 18-year-old son, A.J. Boik, was among the 12 killed, went to the hearing, steeling herself for a raw reaction.

    "I knew my child's name would come up, but to actually hear it was a little surreal," she said.

    "During the 911 calls, A.J.'s fiancee [who survived] was with me, and it made her relive a little bit of what happened and that broke my heart. For me, I was like, 'OK, that's the moment when my son died.'"

    Still, Hoover is not sorry she went. She said that since July she has been "in a daze," not quite willing or able to grasp that her artistic, spirited young son is really gone.

    "Attending that hearing kind of helped me ... move past that," she said, adding that a trial would help her face the reality of her loss. "To hear all of this is almost healing."

    Some want a trial because they want the case to end with a lethal injection, not a prison cell. Prosecutors have 63 days from arraignment to announce whether they will seek the death penalty.

    Hoover said that while she doesn't think Holmes deserves to "walk this earth," she would rather see him locked up without parole, forced to "live with what he's done."

    "Put him in general population, though," she said. "With the other mean guys."

    Related stories:
    James Holmes 'detached,' 'relaxed' after theater massacre, officer says
    'Help me!': 911 call reveals teen's desperation after relatives shot in Aurora theater
    FBI: James Holmes' booby-trap used remote-control car, frying pan

    209 comments

    There's no reason to put these people through this hell again. When there's 100% certainty of guilt, give him his hour in court in the morning, sentence him to death, execute him in the afternoon. Done and taxpayers get a break as well.

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    Explore related topics: trial, death-penalty, massacre, crime, featured, batman, aurora, james-holmes, theater-shooting
  • 9
    Jan
    2013
    4:14pm, EST

    Photos of Aurora suspect smiling with gun shown at hearing

    Bill Robles / Reuters

    A picture of shooting suspect James Holmes is shown in courtroom sketch from a preliminary hearing in Centennial, Colo., on Wednesday.

    By Tracy Connor, Staff Writer, NBC News

    The preliminary hearing in the Aurora massacre case closed Wednesday with an indelible image: suspect James Holmes smiling into the camera while gripping a semiautomatic handgun, just six hours before the rampage.


    Follow @NBCNewsUS

    The photo recovered from Holmes’ cellphone was one of dozen pictures prosecutors offered as evidence before they told a judge that the former grad student “didn't care who he killed.”

    The defense presented no witnesses at the hearing, and the judge will rule on Friday whether there is enough evidence to put Holmes on trial for the July 20 mass murder at a suburban Colorado multiplex.

    The prosecution’s last witness was an Aurora police detective who cataloged the photos, meant to show that Holmes painstakingly planned the ambush that killed 12 and wounded 58 during a screening of “The Dark Knight Rises.’


    There were four photos of the inside and outside of the Century 16 theater, two taken as early as June 29. More arresting was a series of creepy self-portraits taken the evening of July 19 – Holmes’ hair dyed a shocking red and his eyes darkened by black contacts.

    The preliminary hearing for James Holmes, who is accused of killed 12 in the Aurora, Colo., theater massacre, ended Wednesday when Holmes' defense attorney chose to call no witnesses to testify about Holmes' mental state. The judge will issue a ruling by Friday as to whether or not a trial will begin, and there is already speculation that the case may end with a plea agreement. NBC's Mike Taibbi reports.

    In one, he stuck out his tongue. In another, he held an explosive device and puckered his lips. A third showed him smiling, holding a semiautomatic pistol in front of the lens.

    Other pictures showed what prosecutors say were the tools his destruction: an assault rifle with a scope, a pump-action shotgun, a gas mask, helmet and body armor, all laid out on his bed. A few photos showcased the booby-traps that he allegedly set to explode in his home after the shooting.

    Prosecutors said the photos, along with testimony from a parade of law-enforcement officers, left no doubt that Holmes was the gunman or that he was hell-bent on maximum carnage in the “perfect venue.”

    “He didn't care who he killed or how many he killed, because he wanted to kill all of them," prosecutor Karen Pearson said

    Holmes’ lawyer, Daniel King, had the go-ahead to call two witnesses who would testify about his client’s mental state. But he decided not to put anyone on the stand, saying the hearing was not the right forum for a “truncated” defense.

    Scott Robinson, a Denver lawyer who is not involved in the case but has attended the proceedings, said it would be unusual for the defense to call witnesses during the preliminary hearing and show its hand to the other side.

    The defense doesn't call witnesses in the preliminary hearing of the accused Aurora theater gunman. NBC's Leanne Gregg reports.

    “They did the right thing,” Robinson said.

    Holmes, who is expected to mount an insanity defense, will return to court Friday. If the judge decides the case is going to trial, he will be arraigned on more than 160 counts of murder, attempted murder and weapons possession.

    Bill Robles / Reuters

    A picture of Colorado shooting suspect James Holmes, recovered from his cellphone, is shown in courtroom sketch from Thursday's preliminary hearing.

    Legal experts said it would be stunning if the judge did not find there was probable cause for the case to proceed.

    “In 31 years, I can think of one case where a court did not find probable cause,” former Denver prosecutor Karen Steinhauser said.

    She said that if Holmes pleads not guilty by reason of insanity, the judge will order mental health evaluations and a trial date will not be set right away.

    It’s possible that the defense and prosecution could strike a plea deal, in which case this week’s hearing will have been the closest thing to a trial. Much of the evidence is still under wraps because of a court-imposed gag order.

    The three-day hearing focused on accounts from officers who arrested Holmes outside the theater and tried to save the victims inside. The testimony was at times graphic and heart-breaking, leaving witnesses and spectators – many of them relatives of the killed and injured – in tears.

    Throughout, Holmes was impassive, sitting nearly motionless in a jail-issue jumpsuit, the dyed crimson mop he sported in the pre-slaughter photos replaced by messy brown hair and a beard.

    NBC News’ Kevin Watters, Denver’s KUSA and the Associated Press contributed to this report.

     

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    272 comments

    LOL, what defense? "Please don't execute him, he is sick??" Screw that. Just plead guilty, and take your punishment.

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  • 8
    Jan
    2013
    3:57pm, EST

    'Help me!': 911 call reveals teen's desperation after relatives shot in Aurora theater

    911 calls from the movie theater where a deadly shooting spree was under way were played in court, on the second day of hearings to decide if the alleged gunman should stand trial. NBC's Leanne Gregg reports.

    Courtesy the family via KUSA

    Veronica Moser-Sullivan, in an undated family photo.

    By Tracy Connor, Staff Writer, NBC News

    Weeping through closed eyes, Ian Sullivan listened Tuesday to a 911 call that detailed the death of his 6-year-old daughter, Veronica, in a Colorado movie theater.


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    The 4-minute recording captured the voices of two people: a 911 dispatcher and a crying 13-year-old desperately trying to get help for her little cousin and for Veronica's gravely wounded mother, Ashley Moser.

    "Who's been shot?" the dispatcher asked.

    "My two cousins," the young caller said. "On the floor ... not breathing."

    The 911 operator told her she had to perform CPR, but it was too loud in Theater No. 9 -- the movie still playing, screams filling the air -- for her to follow the instructions.


    "Help me!" the girl shouted a few times.

    Ashley Moser, 25, shot in the stomach and neck, survived but suffered a miscarriage and was paralyzed. Her daughter could not be saved.

    Veronica was the youngest of the 12 people killed at the Century 16 theater when James Holmes allegedly opened fire during a midnight screening of the Batman movie "The Dark Knight Rises." 

    The 911 call was played during a preliminary hearing in which prosecutors are laying out their case to convince a judge there's enough evidence to put Holmes on trial for first-degree murder.

    FBI: James Holmes' booby-trap used remote-control car, frying pan

    Victims relatives have been in the courtroom and overflow rooms, reacting with anguish at times during hours of emotional and sometimes graphic testimony.

    During Tuesday's proceedings, prosecutors played a second 911 call. It was barely half a minute long, but the sound of 33 gunshots could be heard.

    The caller, Kevin Quinonez, struggled to be heard but managed to convey some sense of the inexplicable horror unfolding around him: "There's some guy after us."

    NBC News’ Mike Taibbi and KUSA's Blair Shiff contributed to this report.

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    254 comments

    please do not let this monster get away with this or drag it out for years then put him in a publically funded institution, when he clearly did it and has no remorse. Put him to death! Do ot put the families through that! Waht if it was your child or loved one?

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    Explore related topics: colorado, 911, batman, aurora, james-holmes, theater-shooting, veronica-moser-sullivan
  • 8
    Jan
    2013
    3:00pm, EST

    FBI: James Holmes' booby-trap used remote-control car, frying pan

    There was more gruesome testimony as the pretrial hearing continued for James Holmes the lone gunman in the Aurora theater shooting that killed 12 and injured 58 others. And for the first time, in words attributed to Holmes, a detailed description of what he expected would happen when he left for the theater complex with four guns and hundreds of rounds of ammunition. NBC's Mike Taibbi reports.

    By Tracy Connor, Staff Writer, NBC News

    Updated at 11:21 p.m. ET: After two days of presenting evidence against accused Aurora theater shooter James Holmes, the prosecution prepared to interview a detective, its final witness, on Wednesday, according to the Denver Post. The defense may then set forth its case. 

    Among the more vivid accounts in Tuesday's testimony was the description of how Holmes booby-trapped his home, hoping to distract officers from the theater shooting. 

    Holmes used a thermos, frying pan, remote-control car and volatile chemicals to rig his apartment to blow up during the Aurora theater massacre, an FBI agent testified Tuesday.


    Follow @NBCNewsUS

    On the stand for a preliminary hearing, bomb technician Garret Gumbinner described the diabolical contraptions authorities found when they went to the grad-school dropout’s Colorado apartment.

    There was a trip-wire leading from the door to a thermos filled with glycerine that was perched over a frying pan filled with potassium permanganate, Gumbinner said.

    If they combined, there would be a spark that would set off a chain-reaction: fast-moving flames and a series of explosions as homemade devices scattered around the apartment ignited.


    Thomas Cooper / Getty Images file

    Police break the window of the apartment of of James Holmes, the suspect of in the Aurora, Colo., movie theater shooting on July 20.

    On top of the fridge was a remote-controlled “pyrotechnic” box filled with 6-inch fireworks shells. Holmes left the remote for it outside, in a trash bag with a toy car and a boom box on a timer, the agent said.

    His fantasy was that someone on the street would hear the music, open the bag, decide to play with the car, fiddle with the remote and detonate the explosives, Gumbinner said.

    In all, there were more than a dozen explosive devices in his apartment loaded with napalm, smokeless powder and live ammunition. Carpets were soaked with oil and gasoline to fuel any blast.

    His computer was set to play loud music at a designated time. He was hoping “someone would call the police and that the police would respond to his apartment,” Gumbinner said.

    "He said he rigged his apartment to explode or catch fire in order to divert police resources to his apartment,” Gumbinner said, recounting an interview with Holmes.

    No one played with the toy car or banged on the door, though. And when Holmes was arrested outside the Century 16 multiplex – after allegedly killing a dozen people and wounding 58 – he quickly told police about his traps.

    The scope of the bizarre setup was revealed during the second day of a hearing to determine whether there is enough evidence to put the neuroscience scholar on trial for first-degree murder.

    A parade of law-enforcement officials took the stand to describe Holmes’ painstaking preparations and the horrific aftermath of the July 20 shooting at the Century 16 multiplex – but there was no mention of motive.

    The picture they presented was of a methodical killer who left nothing to chance and foreshadowed his own fate in a question posted to two online dating-service profiles: “Will you visit me in prison?”

    Courtesy the family via KUSA

    Veronica Moser-Sullivan, in an undated family photo.

    Holmes bought his ticket, through Fandango, 12 days before the opening of the Batman flick “The Dark Knight Rises,” police testified, though it emerged that he was supposed to see it in Theater No. 8, not No. 9 where the ambush took place.

    With so much evidence against their client, Holmes’ legal team is expected to mount an insanity defense, and his attorneys tried to highlight his state of mind at several points during the day’s testimony.

    They questioned Aurora Police Department Detective Craig Appel about why Holmes wasn’t tested for drugs or alcohol even though his pupils were hugely dilated and he acted strangely after his arrest.

    'Help me!': Teen's 911 call played at Holmes hearing

    Appel told the court that police had placed paper bags over Holmes’ hands to preserve gunpowder residue, and he pretended they were puppets. He also ripped a staple out of a table and tried to stick it in an electrical socket.

    Earlier, the defense asked an agent from the Bureau of Alcohol, Tobacco and Firearms whether there is any legal process in Colorado to stop a “severely mentally ill” person from buying guns or ammunition.

    The agent had just ticked off the items Holmes legally purchased in the two months before the rampage, including two handguns, a shotgun, a rifle, more than 6,200 rounds of ammunition, body armor, chemicals, fireworks and practice targets.

    Holmes – wearing a beard and jail jumpsuit and looking disheveled – showed little reaction to any of the testimony.

    He simply stared straight ahead when prosecutors played a heart-breaking 911 tape of a 13-year-old girl pleading for help for her mortally wounded 6-year-old cousin, Veronica Moser-Sullivan.

    Veronica’s father, Ian Sullivan, wept with his eyes closed as he listened for four long minutes to the chaos that marked his daughter’s final moments.

    The day’s proceedings ended with Sgt. Matthew Fyles reading a grim catalog: the name of every person wounded and the nature of their injury.  When he got to Ashley Moser – who suffered a miscarriage, was paralyzed and lost her daughter, Veronica – he choked up.

    Wednesday is scheduled to start with the prosecution calling a detective as its final witness, according to the Denver Post. The defense could then call its own witnesses.  

    NBC News’ Mike Taibbi and KUSA contributed to this report.

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    411 comments

    They really need to put larger "gun free zone" signs up. He must have missed them.

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  • 7
    Jan
    2013
    6:23pm, EST

    'Like a robot': Victims' families eye suspect, enduring wrenching testimony in theater massacre hearing

    Courtesy of the Blunk family

    Aurora shooting victim, Jonathan Blunk, and his children, 2-year-old Maximus and 4-year-old Hailey. Blunk's cousin, Jessica Watts, attended Monday's hearing.

    By Tracy Connor, Staff Writer, NBC News

    As police officers fought back tears on the witness stand Monday, Sam Soudani was struck by how little James Holmes seemed to feel.

    "It's like a robot," said Soundani, whose daughter, Farrah, 23, was critically wounded in the July 20 massacre at an Aurora, Colo., movie theater. "Absolutely no emotion."


    Follow @NBCNewsUS

    Soudani was one of many victims' relatives and survivors who attended the first day of a weeklong hearing where prosecutors are laying out their case against Holmes to convince a judge there's enough evidence for a trial.

    He told NBC News that he came to the courthouse to support his daughter, who is still recovering from the wounds she suffered in the bloodbath -- which claimed 12 lives and left dozens injured.

    "I just wanted to hold her hand," he said.

    But Farrah decided she didn’t want to see Holmes “face to face” and stayed in an overflow room while her father wept as Sgt. Gerald Jonsgaard testified about futilely searching for the pulse of 6-year-old Veronica Moser-Sullivan.

    "Heartbreaking," Soudani said.

    James Holmes 'very relaxed' after theater massacre, officer says

    Holmes, 25, a former neuroscience doctoral student, displayed no discernible reaction during the moving testimony. And Soudani said the suspect didn't even deserve his hatred.

    “I don't feel anything toward him,” he said. “It's hard to explain. I mean, part of me wanted to rip his head off and part of me just couldn't care less for him."

    Jessica Watts, whose cousin Jonathan Blunk was killed in the shooting, also noted that Holmes seemed "disinterested" in the proceedings.

    Family members of Jonathan Blunk, one of the victims of Friday's mass shooting in Aurora, Colo., attend a prayer vigil, Sunday, July 22, 2012, in Aurora, Colo.

    Blunk, a military veteran and father of two, died shielding his date from the bullets. Watts said it was important for her to be at the hearing for "closure" and also to make sure the prosecution's case is strong.

    She said it was "horrifying" to hear the witnesses describe the scene in the theater when they arrived.

    "I can't imagine what these victims went through. Then again, I can't imagine what these first responders went through 'cause they're human beings, too," she said.

    "Mainly the emotions struck me, the emotions of the officers testifying," she said. "It's very, very hard to hear."

    Soudani said being in court was “agony” for him and he doesn’t think he can bear to return for any more testimony.

    NBC News' Jack Chesnutt contributed to this report.

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    8 comments

    Holmes has been medicated for his mental illness and his disinterest is the way the medicines work.People should read up on diseases and conditions of the brain,the treatments for them and how it affects the human body and mind.Maybe then they would not be making these comments about him being like  …

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