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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.


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    "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.


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    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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  • 1
    Aug
    2012
    8:22am, EDT

    Man allegedly yells 'This is it!' at Batman showing, panic ensues

    A man in Florida is arrested after scaring moviegoers by pacing and yelling at a showing of "The Dark Knight Rises." WTVJ's Ari Odzer reports.

    By NBCMiami.com

    A Miami Beach man is in custody after he caused a panic in a theater during a showing of "The Dark Knight Rises," police said Tuesday.


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    According to a Miami Beach Police arrest affidavit, 44-year-old David Martin Escamillo was at the Regal Movie Theater late Monday night when he got into an altercation with another moviegoer, left the theater and returned wearing black gloves and screamed "This is it!" from the back of the theater.

    Escamillo's actions sent a hundred moviegoers fleeing for the exits, the affidavit said.

    When officers responded to the theater to a call of shots fired, they found three moviegoers detaining Escamillo, who was screaming, "I didn't shoot anybody," the affidavit said.

    James Butler said he and his brother were two of them. They waited outside the theater and chased Escamillo down and held him until police arrived.

    "My instincts kicked in, and I was like, let's get this guy. He was screaming, 'I never shot anyone, I never hurt anyone,'" Butler said.

    Escamillo, who sounded irrational and had a strong smell of alcohol on his breath, was taken into custody, the affidavit noted.

    "We were able to determine there was never any weapon, it was just this individual with the two black gloves saying, 'This is it,'" Miami Beach Police Sgt. Bobby Hernandez said.

    Witnesses said Escamillo had left his seat during the movie and was going up and down the stairway several times, according to the affidavit.

    The witnesses also said no shots were fired and no shell casings were found, the affidavit said.

    When officers searched the theater, they found several sandals that were left behind by moviegoers who fled the scene.

    Escamillo is facing disorderly conduct and affray charges in the incident and has a warrant for battery, jail records showed. He was being held on $8,000 bond and it was unknown whether he has an attorney.

    The theater declined to comment Tuesday.

    The incident comes just days after 12 people were killed and dozens injured in a shooting in an Aurora, Colo., theater during a showing of "The Dark Knight Rises."

    Police said they responded with massive force here because of what happened in Colorado.

    "We can't take any chances, and we also understand the sensitivity of that, everybody's thinking Colorado, it's on everybody's mind," Hernandez said.

    He added, "Had that incident not happened in Colorado maybe none of this would've happened, maybe people would've just thought, here's another nut and let's just keep watching our movie."

    While some may be thinking about the scare, other ticketholders say they aren't going to let it affect them.

    "If we focus on the negative energy, we're giving more power to them, so I try to avoid that," moviegoer Jose Salaicez said.

     

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    647 comments

    You know, I'm beginning to think you really can actually look at someone and tell if they're crazy. This guy's photo should be in the dictionary right next to the word "insane."

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  • 24
    Jul
    2012
    12:33pm, EDT

    String of incidents involving Batman movie causes jitters after shooting in Aurora, Colo.

    By NBC News staff and wire services

    Several incidents in recent days involving screenings of the new Batman movie underscore the heightened anxiety about security at movie theaters in the wake of the mass shooting in Aurora, Colo.


    Follow @NBCNewsUS

    -- On Monday, about 100 moviegoers in Edgewater, N.J., were evacuated from a showing of "The Dark Knight Rises" after a patron saw a man opening an emergency exit, police told NJ.com.

    The patron who called the police said that about 90 minutes into the show, a man stood up, walked to an emergency exit and spoke to someone outside. He then returned to his seat, but wouldn't come forward when the police arrived at the theater. The showing was canceled as a precaution.

    -- A 52-year-old moviegoer in Norwalk, Calif., was arrested Sunday after allegedly shouting about a gun and the recent movie-theater shooting in Colorado, sheriff's officials said Monday.

    Clark Tabor allegedly created the disturbance during a screening of "The Dark Knight Rises," sheriff's officials said.

    Several witnesses told police the suspect appeared to hold his cellphone in the air and yelled, "Does anyone have a gun?" and "I should go off like in Colorado."

    Tabor was arrested on suspicion of making criminal threats and is being held on $50,000 bail plus unrelated warrants, police said.


    No weapons were found on the suspect, in the theater or its surrounding area, or in Tabor's residence, police said.

    -- Also on Sunday, a fight broke out in a Pittsburgh screening of “The Dark Knight Rises.” No weapons were found and no arrests were made, officials said.

    -- A 27-year-old man in Arizona was arrested Friday on suspicion of disorderly conduct and threatening and intimidating after witnesses say he appeared drunk and was acting strangely during a showing of “The Dark Knight Rises” in Sierra Vista, according to The Associated Press.

    A moviegoer confronted Michael William Borboa, which led to about 50 people fleeing the theater, the AP reported.

    -- In Maine, a 49-year-old man claimed he carried a loaded gun in his backpack into a recent showing of the movie, state police said. Timothy Courtois was stopped Sunday morning for speeding when police found several guns in his car – including an AK-47 assault rifle. Courtois reportedly told authorities that he was on his way to shoot a former employer a day after watching the Batman movie.

    Warner Bros. said on Monday "The Dark Knight Rises" took in $160.8 million at U.S. and Canadian box offices over the weekend, which is lower than what the industry had estimated for the debut before the Aurora movie theater massacre. The movie ranks No. 3 on the list of top three-day opening weekends behind No. 1 "The Avengers" at $207 million and No. 2 "Harry Potter and the Deathly Hallows - Part II," which earned $169 million.


    NBCLosAngeles.com and Reuters contributed to this report.

    More content from NBCNews.com:

    • Theater massacre suspect appears in Colorado court
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    107 comments

    We've all been told that freedom of speech STOPS at the point of yelling FIRE in a crowded theater. Now, you can't yell "GUN" in a crowded theater either. RIGHTLY SO. Remember The Who concert from Cincinnati in 1979 when 11 people died from being trampled? Stuff like that actually happens.

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    Explore related topics: colorado, los-angeles, batman, aurora, dark-knight, james-holmes
  • 21
    Jul
    2012
    8:49pm, EDT

    Don't blame the shootings on Darwin (or on God's wrath)

    Jason Hatfield / Reuters

    People hold a prayer vigil for the victims and first responders as police investigate an overnight shooting that killed 12 people at a midnight premiere of the new "Batman" movie in Aurora, Colo., on July 20.

    By Alan Boyle, Science Editor, NBC News

    Follow @b0yle


    Why did a dozen people die in this week's "Dark Knight" shootings? What was going on inside the head of James Eagan Holmes, the former neuroscience student who's suspected of killing those people in a movie theater in Aurora, Colo.? Questions about Holmes and his motives are the big unanswerables right now — but some folks are already suggesting that higher powers are at work. Higher powers like ... Charles Darwin?

    "When students are taught they are no different from animals, they act like it," Rick Warren, the mega-church pastor and inspirational author, observed in a Twitter update just hours after the shootings.


    That tweet came amid a flurry of homespun aphorisms and Bible quotes, so it's not fully clear that Warren was specifically blaming the violence on the teaching of evolutionary biology in schools. But the comment stirred up a hornet's nest among the theory's champions, including the University of Chicago's Jerry Coyne.

    "I doubt that religion had anything to do with these murders, but religion is so quick to point the finger at science and evolution when they happen," Coyne wrote on his "Why Evolution Is True" blog. "So much for Rick Warren, the man Barack Obama chose to give the invocation at his inauguration in 2009."

    'Where was God in all of this?'
    Warren's comment wasn't the only one that seemed to touch on the link between godlessness and divine retribution. Rep. Louie Gohmert, R-Texas, brought up the link when he was asked about the Colorado shootings on the "Istook Live" radio show:

    "We have been at war with the very pillars, the very foundation of this country ... and when ... you know ... what really gets me as a Christian, is to see the ongoing attacks on Judeo-Christian beliefs and then a senseless crazy act of terror like this takes place," Gohmert said, according to a transcript on his House website.

    "You know, when people say, where was God in all of this?" he said. "Well, you know, we don’t let ... in fact, we’ve threatened high school graduation participants that if they use God’s name that they’re going to be jailed, we had a principal of a school, and a superintendent or a coach down in Florida that were threatened with jail because they said the blessing at a voluntary off campus dinner. I mean, that kind of stuff ... where is God? Where, where? What have we done with God? We told him that we don’t want him around. I kind of like his protective hand being present."

    Those comments drew a denunciation from the American Humanist Association — an organization whose slogan is "Good Without a God."

    "Rep. Louis Gohmert truly tortures logic when he concludes that this violence had something to do with perceived attacks on majority faith in America," said Roy Speckhardt, the association's executive director. "At a time when families are mourning in the wake of this tragedy, Gohmert used it as an opportunity to push a religious agenda."

    Christian? 'What a scary thought'
    On the flip side, some atheists suggested that Christianity was to blame, capitalizing on reports that Holmes came from a Presbyterian family. On the "Debunking Christianity" blog, Cathy Cooper argues that Christian belief encourages the idea that all people are sinful, but that all believers are saved by faith alone. "Christianity provides believers with a basis for the belief that they are absolved from taking responsibility for their own bad behavior," she writes.

    "Yes, James Holmes was a 'normal Christian boy' — what a scary thought," Cooper says.

    Comments like that cause P.Z. Myers, a biologist at the University of Minnesota at Morris who describes himself as a godless liberal, to hang his head in shame.

    "Christianity is piss-poor at doing more than providing lip-service against violence, but it’s at best a passive enabler." he wrote on his Pharyngula blog. Myers said the blame should instead be directed at a culture that glorifies violence, at laws that make it easy to acquire deadly weapons— and most of all, at the person who did all the shooting.

    "Anything else is a distraction from correcting the real causes," he wrote.

    As Ecclesiastes says...
    There's nothing new under the sun when it comes to blaming God or godlessness for a disaster. Here are a few recent examples:

    • Former House Majority Leader Tom DeLay once said that the 1999 Columbine school shootings in Colorado happened “because our school systems teach our children that they are nothing but glorified apes who have evolutionized out of some primordial mud."
    • After Hurricane Katrina hit the Gulf Coast in 2005, Alabama state Sen. Henry E. "Hank" Erwin Jr. observed that the region has "always been known for gambling, sin and wickedness. ... It is the kind of behavior that ultimately brings the judgment of God."
    • Evangelical preacher and one-time presidential candidate Pat Robertson blamed a number of disasters on God's wrath — including 2010's catastrophic Haiti earthquake, which he attributed to that country's "pact to the devil."
    • Later that year, when an oil spill hit the Gulf of Mexico, Christian doomsayer Hal Lindsey cited the environmental catastrophe as "evidence that when you turn your back on Israel, especially when you've been a supporter, you're gonna see judgments come from God."

    Natural catastrophes, and especially human-caused catastrophes like the one that took place this week, do pose a huge challenge for believers: Why does God allow the existence of seemingly senseless evil? If the power of prayer can save some believers, why would He be so cruel as to leave others unsaved? Do believers really think that the dead were more sinful than the living?

    God doesn't own a gun
    Marie Isom has a unique perspective on these questions: Not only is she a Christian and a blogger — she's also a survivor of the theater shootings. In a gripping post to her blog, "A Miniature Clay Pot," she recounts how she and her daughters were caught up in the chaos, threw themselves to the floor, and scrambled out of the theater when there was a break in the gunfire.

    The blog posting is titled "So You Still Think God Is a Merciful God?" Here's the answer she gives:

    "Yes.

    "Yes, I do indeed.

    "Absolutely, positively, unequivocally.

    "Let’s get something straight: the theater shooting was an evil, horrendous act done by a man controlled by evil.  God did not take a gun and pull the trigger in a crowded theater. He didn’t even suggest it. A man did.

    "In His sovereignty, God made man in His image with the ability to choose good and evil.

    "Unfortunately, sometimes man chooses evil."

    Follow @CosmicLog

    If you're looking for some appropriate Sunday reading after a horrendous couple of days, you couldn't do much better than Isom's essay and her follow-up posting. I realize there's not much science in it, but that's why we call it Cosmic Log rather than Science Log.

    Feel free to leave your comments and condolences in the space below. 

    Update for 1:15 a.m. ET July 22: There's more blame to go around. Jerry Newcombe of Truth in Action Ministries said in a commentary on the shootings that "we're reaping as we're sowing in this society."

    "We said to God, 'Get out of the public arena,'" he wrote. "Lawsuit after lawsuit, often by misguided 'civil libertarians,' have chased away any fear of God in the land — at least in the hearts of millions." The result, Newcombe said, is that young people no longer dread the loss of Heaven or the pains of Hell.

    "I don't think people would do those sorts of things if they truly understood the reality of Hell," he wrote.

    The news director of the American Family Association, Fred Jackson, followed up with Newcombe on the "AFA Today" radio show. About 10 minutes into the show, Jackson said this:

    "In the community there were community standards that reflected biblical principles, whether people knew it or not, the standard in the community was based on scripture. In that short period of time, roughly 40 years, we have seen such a transformation in values in our communities, whether it’s rural or whether it’s big city. I have to think that all of this, whether it’s the Hollywood movies, whether it’s what we see on the Internets, whether it’s liberal bias in the media, whether it’s our politicians changing public policy, I think all of those somehow have fit together — and I have to say also churches who are leaving the authority of scripture and losing their fear of God — all of those things have seem to have come together to give us these kinds of incidents."

    Later in the show, around the 44-minute mark, Jackson added to the list of contributing factors:

    "I think the source of this is multifaceted, but you can put it all, I think, under the heading of rebellion to God, a rejection of the God of the Bible. I think along with an education system that has produced our lawyers, our politicians, more teachers, more professors, all of that sort of thing, is our churches, mainline churches. ... The AFA Journal has been dealing with denominations that no longer believe in the God of the Bible, they no longer believe that Jesus is the only way of salvation, they teach that God is OK with homosexuality. This is just increasing more and more. It is mankind shaking its fist at the authority of God."

    The Right Wing Watch and Gawker websites both picked up on these observations, and Right Wing Watch helpfully provides audio excerpts of the relevant quotes. (However, you can listen to the whole 54-minute show on iTunes for free.) Gawker's Louis Peitzman writes that "this message isn't just offensive: it's impossibly muddled," and he wonders whether anyone believes this sort of thing anymore. I think there are a lot of people who do. But what do you think? 

    Related content from NBCNews.com:

    • Suspect was once a camp counselor for kids
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    For a completely different take on the questions surrounding the "Dark Knight" shootings, God and even Batman, check out Paul Asay's essay on The Washington Post's website. Asay is the author of "God on the Streets of Gotham: What the Big Screen Batman Can Teach Us About God and Ourselves."

    Tip o' the Log to my colleague at NBCNews.com, Bill Dedman.

     Alan Boyle is NBCNews.com's science editor. Connect with the Cosmic Log community by "liking" the log's Facebook page, following @b0yle on Twitter and adding the Cosmic Log page to your Google+ presence. To keep up with Cosmic Log as well as NBCNews.com's other stories about science and space, sign up for the Tech & Science newsletter, delivered to your email in-box every weekday. You can also check out "The Case for Pluto," my book about the dwarf planet and the search for new worlds.

    920 comments

    Violent schizophrenia and religion seem to go hand in hand.

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