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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.


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    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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    Explore related topics: colorado, crime, reporter, fox-news, aurora, james-holmes, theater-shooting
  • 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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    Explore related topics: aurora, university-of-colorado, dark-knight, james-holmes, theater-shooting
  • 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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    Explore related topics: death-penalty, gun-control, batman, aurora, dark-knight, mass-shooting, james-holmes, theater-shooting
  • 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
  • 10
    Jan
    2013
    10:43pm, EST

    Judge orders arraignment for Colorado theater shooting suspect over lawyers' plea for delay

    Bill Robles / AP

    This courtroom sketch shows James Holmes being escorted by a deputy as he arrives at preliminary hearing in district court in Centennial, Colo., on Monday.

    By M. Alex Johnson, staff writer, NBC News

    James Holmes, accused of killing 12 people and wounding 70 others at a Colorado movie theater last year, is scheduled to be arraigned Friday after a judge ruled that there was enough evidence to take him to trial.


    Follow @NBCNewsUS

    Earlier in the day, lawyers for Holmes, 25, a former graduate student at the University of Colorado-Denver, asked Arapahoe County Chief District Judge William Sylvester to delay an arraignment, saying Holmes wasn't ready to enter a plea. They gave no reason.

    In an order filed late Thursday, Sylvester said he was convinced that prosecutors had established probable cause and ordered that a status hearing scheduled for Friday be converted to a formal arraignment. He ordered that Holmes continue to be held without bond on 166 felony counts, most of them murder and attempted murder.


    The murder charges could carry the death penalty. Once Holmes is arraigned, prosecutors will have roughly two months to declare any intention to seek a capital sentence.

    Sylvester noted the defense request and told prosecutors to come to court prepared to respond to what he said was a likely motion for a delay, however.

    Scott Robinson, a prominent criminal defense attorney in Denver, said that was no surprise.

    "It's not unusual for defense lawyers to want more time to prepare," Robinson said. "After all, the prosecution got a huge head start in the case."

    The ruling came after three days during which prosecutors laid out some of their evidence against Holmes, who they said meticulously collected weapons and ammunition over many weeks before he went to the Century 16 Theater in Aurora on July 20 and opened fire on a sold-out audience for the premiere of the movie "Batman: The Dark Knight Rises."

    They also described how they believe Holmes fiendishly booby-trapped his apartment, turning it into a bomb-filled death-trap for law enforcement.

    The hearing closed Wednesday with prosecutors' showing Sylvester a photo, recovered from his cellphone, of Holmes smiling into the camera while gripping a semiautomatic handgun just six hours before the rampage.

    "He didn't care who he killed or how many he killed, because he wanted to kill all of them," Arapahoe County Chief Deputy District Attorney Karen Pearson said.

    Holmes' attorneys offered little response, calling no witnesses of their own and cross-examining only a handful of the prosecution's witnesses. Holmes sat impassively during the three-day hearing, the dyed red hair he sported in pre-slaughter photos replaced by messy brown hair and a beard.

    Previous stories on the Holmes hearing

    • Photos of Aurora suspect smiling with gun shown
    • FBI: Holmes' booby-trap used toy car, frying pan
    • 'Help me!': Teen's 911 call played at Holmes hearing

    107 comments

    Let the families of the murdered, the people of Colorado, United States and the world benefit from this murderer to die by lethal injection. All murderers are insane and all people who are against delivering this particular murderer to another place beyond life on this planet are more insane.

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    Explore related topics: holmes, crime, aurora-colorado, 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.


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    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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    • FBI: James Holmes' booby-trap used remote-control car, frying pan
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    Follow US news from NBCNews.com on Twitter and Facebook

     

    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.


    Follow @NBCNewsUS

    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.


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    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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    Explore related topics: massacre, batman, aurora, james-holmes, theater-shooting
  • 10
    Dec
    2012
    7:02pm, EST

    Court hearing in Colorado theater shooting zeroes in on James Holmes' notebook

    AFP - Getty Images file

    A photo of Colorado theater shooting suspect James Holmes released Sept. 20, 2012.

    By Jack Chesnutt, NBC News

    A Colorado court on Monday heard testimony of police involved in the investigation of James Holmes, suspect in the July 20 shooting rampage in an Aurora, Colo., theater that left 12 dead and 58 wounded.

    The pretrial hearing in Denver focused on a package that Holmes sent to a University of Colorado psychiatrist, but that never reached its destination. It was discovered in the campus mailroom several days after the mass shooting.

    Defense attorneys for Holmes are trying to determine who leaked information about the package to Fox News, which reported that it contained a notebook detailing violent plans.


    As the day came to a close with no admission of the leak, defense attorneys said they planned to subpoena Fox reporter Jana Winter who wrote about the notebook's purported writings and drawings, citing an unnamed law enforcement source.

    "Inside the package was a notebook full of details about how he was going to kill people," the source reportedly said according to Winter's report. "There were drawings of what he was going to do in it — drawings and illustrations of the massacre."


    Follow @NBCNewsUS

    Holmes' attorneys called the University of Colorado four days after the attack and asked the school to return the package, according to testimony on Monday. They contend the disclosure about its contents violated a gag order.

    Holmes appeared in court wearing a full beard, a prison jump suit and shackles. He remained silent during the hearing.

    Holmes was wide-eyed as he has been in previous court appearances. He looked around the courtroom, which was full for the proceedings.

    There were about half a dozen shooting survivors and family members of victims present in court.

    Monday's hearing was delayed from Nov. 14 after Holmes was sent to a hospital for an injury, according to the Denver Post. Citing unnamed sources, the Post reported that Holmes had injured himself by ramming his head into a wall at the Arapahoe County jail. At Monday's court appearance, there was no apparent sign of injury.

    In testimony Monday, bomb squad officers said the package, addressed to the psychiatrist Dr. Lynne Fenton, was X-rayed for explosives and checked for biohazards after its discovery in the university mail room on July 23.

    According to testimony, once the package was "cleared," five witnesses were present as the notebook was taken out of a plastic evidence envelope.

    Watch US News crime videos on NBCNews.com

    Campus police Chief Doug Abraham removed the notebook and Aurora police detective Alton Reed "thumbed through it" to examine "burned currency" in the pages of the notebook. Three other officers were present: campus police Cmdr. James Myrsiades, campus police officer Dale McCauley and Aurora police officer Jason McDonald.

    All the witnesses said they could see that there was some writing in the notebook. Only McDonald testified that he could see some of the text.

    The shooting happened at the Century Aurora 16 theater during a screening of the Batman film "The Dark Knight Rises." Holmes was arrested in the theater parking lot shortly after the shootings and told officers his apartment contained explosives, police said. That information prompted evacuation of Holmes' apartment building and those surrounding it while law enforcement teams disarmed what they said was the jumble of wires and explosive devices set to detonate by trip wires.

    Holmes is charged with two counts of murder for each of 12 dead shooting victims, two counts of attempted murder for each of the injured, and one count of possession of explosives.

    Legal observers believe the case will be dominated by arguments over Holmes' sanity.

    Holmes allegedly began stockpiling weapons and ammunition for the shooting perhaps months before the incident. About a month before the shootings, Holmes had withdrawn from a Ph.D program in neuroscience at the university. There are varying accounts of whether he was a formal patient of Dr. Fenton.

    NBC News' Kari Huus and The Associated Press contributed to this report.

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    40 comments

    I have no doubt that he has some mental issues, but I don't think he's truly crazy (psychotic). Someone who is truly insane wouldn't have it together enough to meticulously plan, purchase weapons for and kill innocent people.

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  • 14
    Nov
    2012
    8:26pm, EST

    Aurora theater massacre suspect James Eagan Holmes hospitalized

    Handout / Reuters

    James Holmes is seen in this undated police handout photo.

     

    By Reuters

    Updated at 6:44 a.m. ET: CENTENNIAL, Colo. - Accused Colorado theater gunman James Eagan Holmes was taken to the hospital on Tuesday for a medical condition that rendered him unable to attend a court hearing set for two days later, his lawyers told an emergency hearing on Wednesday.


    Follow @NBCNewsUS

    The lawyers, explaining in vague terms the unspecified sudden developments they said caused his condition, requested a delay in a routine pre-trial hearing set for Thursday. There was no immediate word on Holmes' current condition.

    "What occurred was mid-day yesterday. We were informed of a situation that involved a trip to a hospital," Holmes' attorney Tamara Brady said in court, giving scant further details but adding: "It's not as simple as a migraine."

    Holmes, a 24-year-old former neuroscience graduate student, is accused of opening fire inside a suburban Denver movie theater during a midnight screening of the movie "The Dark Knight Rises" in July, killing 12 people and wounding 58 others.


    The Aurora, Colo., rampage was one of the bloodiest acts of gun violence in the United States in recent years.

    Holmes' attorneys filed an emergency motion earlier on Wednesday seeking to delay a pre-trial hearing in his case, citing the unspecified new condition that has left him unable to appear in court.

    A judge approved the motion and set a new hearing for December 10. Holmes' attorneys did not provide further details in their motion, citing legal, medical, and psychological privilege.

    "As a result of developments over the past 24 hours, Mr. Holmes is in a condition that renders him unable to be present in court for tomorrow's hearing," Holmes' lawyers wrote in the delay motion.

    Another of Holmes' attorneys, public defender Daniel King, did not respond to reporters who asked if Holmes was still in the hospital.

    Prosecutors had objected to the motion, saying it should be denied unless more detailed information was provided on Holmes' condition than was contained in the defense request.

    "It is not clear whether it is claimed he is suffering from a physical medical condition, a mental condition, whether he is suffering from a negative emotional reaction to his circumstances, or anything other than he has some kind of 'condition,'" prosecutors wrote in their response.

    Prosecutors have previously depicted Holmes as a young man whose once promising academic career was in tatters at the time of the shooting. He failed oral board exams for graduate school in June and a professor suggested he may not have been a good fit for his competitive doctorate program.

    Holmes then began a voluntary withdrawal from the school and amassed an arsenal of weapons as part of "a detailed and complex" plan to commit mass murder, prosecutors charge.

    Holmes has yet to enter a plea in the case, and prosecutors have not indicated whether they will seek the death penalty.

    Holmes' lawyers, who analysts have suggested may be laying the groundwork for an insanity defense, have said Holmes suffers from mental illness and sought to get help before the shooting.

    Arapahoe County Sheriff Grayson Robinson, asked about Holmes' condition, told Reuters he could not release any information, citing privacy issues and jail security. Holmes was being held at the Arapahoe County jail.

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    Copyright 2013 Thomson Reuters. Click for restrictions.

    101 comments

    Chit-head-itis is one preliminary diagnosis.

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  • 23
    Oct
    2012
    12:43pm, EDT

    Youngest Aurora theater victim, 6-year-old Veronica Moser-Sullivan, to be laid to rest

    Courtesy of the family via KUSA

    Veronica Moser-Sullivan is seen in an undated family photo.

    By NBC News staff

    Flags flew at half-staff across Colorado on Tuesday as mourners gathered at a Denver church to pay tribute to the youngest victim of the Aurora theater massacre.

    Services for 6-year-old Veronica Moser-Sullivan were being held at the Church of the Risen Christ in Denver, followed by a private funeral for the family, according to local media reports.

    Veronica was one of 12 people killed in the July 20 shooting at an Aurora movie theater showing the latest Batman movie, “The Dark Knight Rises."


    Follow @NBCNewsUS


    Her mother, Ashley Moser, was among dozens of theater-goers wounded. She was shot several times and left paralyzed, and also miscarried a pregnancy as a result. She remains at a local rehabilitation center.

    Funeral plans for Veronica were delayed while Moser underwent rehab.

    James Holmes, 24, a former Ph.D. neuroscience student, is accused of being the theater shooter.

    Gov. John Hickenlooper ordered flags be lowered to half-staff on Tuesday in memory of Veronica.

    Watch the most-viewed videos on NBCNews.com

    Flags were lowered in the days after the shooting in memory of those killed in the theater and raised again July 29 after the last scheduled funeral. The governor announced at the time he would lower flags again when the funeral for Veronica was set.

    The family recently suffered another tragedy when someone stole a camera with the last photos taken of Veronica. The girl’s grandfather, Robert Sullivan, has said burglars broke into his west Denver home earlier this month and stole money, jewelry and cameras, including one with a memory card with photographs of his slain granddaughter.

    Mediator sets payment rules for Aurora shooting victims

    Nearly $5 million raised for the victims of the theater massacre will be distributed next month. The bulk of the money will go to the families of the 12 people who died and to those most gravely wounded.

    Separately, a website has been set up to accept donations for Ashley Moser.

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    224 comments

    RIP, sweet girl. You left this world way too soon. James Holmes, 24, a former Ph.D. neuroscience student, is accused of being the theater shooter. ^^ "Accused of". That sickens me.

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