James Holmes hearing may reveal "difficult" evidence

(CBS News) In Colorado, the suspect in last July's movie theater killings returns to court Monday.

James Holmes will listen as prosecutors detail the evidence against him. It's information that up until now has not been released.

Holmes is accused of opening fire in a crowded Aurora movie theater July 20, killing 12 people and wounding 70.

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Only radio transmissions between first responders that night have been made public so far. The new evidence could include testimony from victims and witnesses, as well as video and 911 calls from inside theater 9, where the shooting happened.

The district attorney has warned victims' families they might not want to attend. In a letter, he asked them to "carefully consider whether or not you think that you are ready to be exposed to potentially difficult information at the hearing."

In order to keep the public and press away from victims and families who do attend, officials have set up a separate courtroom where they can watch the proceedings on a closed circuit feed.

Jessica Watts

/ CBS News

Jessica Watts will be there. She's attended every hearing so far in honor of her cousin Jonathon Blunk, a husband and father of two who was killed inside the theater.

"I had made a promise to him right after the shooting. I visited the crosses and told him that I would see this through to the end," she said.

Holmes attorneys will challenge the evidence. They are also ready to call their own witnesses to describes Holmes' mental state, likely setting up an insanity defense. At the end of the week, the judge will decide if there is enough evidence for Holmes to stand trial.

[joesapper]

Police mental health and the health of a Nation will be much better .

[DeanJackson]

Firstly, no one saw James Holmes inside the Century Aurora 16 theater because his face was completely covered by a gas mask (and the lights were out for the movie!), and secondly, how did James Holmes get into the cinema's Emergency Exit corridor from the ally? They're monitored with silent alarms to prevent such actions, especially when blockbuster movies first open. Then after Holmes magically entered the open (!) Emergency Exit, he then somehow opened the unlocked Emergency Exit door into the theater itself!

In fact, eyewitnesses affirm that there were accomplices inside theater 9. A Century Aurora 16 theater employee/eyewitness says there was one shooter with two accomplices standing on either side of the shooter. She also said, "And they threw one other thing...", before her companion interrupts her. That "other thing" would be the first gas canister thrown from the middle of the theater, as described by two eyewitnesses interviewed by local Aurora NBC news.

YouTube: "Batman Massacre: Shooter was NOT alone, survivor says";

then for the Century Aurora 16 eyewitness/employee interview,

YouTube: "AURORA BATMAN SHOOTING WITNESS - 1 SHOOTER 2 ACCOMPLICES - THEATER 9"

James Holmes can't be positively identified as the shooter. And if James Holmes' lawyers fail to raise this critical legal point, that means his lawyers are either (1) incompetent; or (2) acting with malice against their client. And if Holmes' lawyers go for the insanity plea, that proves his lawyers have been co-opted and therefore are prejudiced against their client.

[baileycccc]

wHY IS THIS SCUM BAG STILL ALIVE?

[AttyFAM]

So you would dispense with due process in the Constitution? What if the authorities decided to dispense with you without due process?

[lillyhorton]

Lets not forget that 15 people who called 911 with various accounts were the voices of a single man and a single woman. Don't forget that the first storey witnesses gave 3 people were involved. Who props a door open then leaves never to return?

[vissionquest]

The defense attorneys will challenge the evidence? My understanding that it is a known fact, it is just determining how the legal system will respond to his actions. I will never believe that a sane person would do what he did, and frankly do not care between sanity and insanity. He should be put away for ever, and not be allowed to have a comfortable life.

[Filmguy870]

Kill him..now. put him out of OUR misery! (Crazy or not!!)