James Holmes "not talking" ahead of first court appearance after Aurora theater shooting

A man holds his face in his hands in front of a memorial after a prayer vigil, July 22, 2012 in Aurora, Colo. Twelve people were killed and over 50 wounded in a shooting attack early Friday at the packed theater during a showing of the Batman movie, "The Dark Knight Rises." Police have identified the suspected shooter as James Holmes, inset. / CBS/AP

(CBS/AP) AURORA, Colo. - As the suspected gunman in the Colorado theater massacre heads to his first court appearance, authorities have disclosed that he is refusing to cooperate and that it could take months to learn what prompted the horrific attack on midnight moviegoers at a Batman film premiere.

James Holmes has been held in solitary confinement at an Arapahoe County detention facility but will be moved Monday to a next-door courtroom for a 9:30 a.m. MDT hearing, known as an "initial advisement" in Colorado, where a judge will inform him of the crimes for which he is being investigated.

Holmes has been assigned a public defender and Aurora Police Chief Dan Oates said that the 24-year-old former doctoral student has "lawyered up" since his arrest early Friday, following the shooting at an Aurora theater that left 12 dead and 58 wounded, some critically.

"He's not talking to us," the chief said.

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The Aurora shooting victims

Holmes has been held without bond at the lockup in Centennial, Colo., about 13 miles from the Aurora theater. Prosecutors will have 72 hours from the hearing to formally charge the 24-year-old Aurora resident originally from California.

Eighteenth Judicial District Attorney Carol Chambers said Monday her office is considering pursuing the death penalty against Holmes. She said a decision will be made in consultation with victims' families.

Holmes is accused of entering the theatre with three guns, including a semi-automatic assault rifle with an extended magazine. When that gun jammed, he was forced to use a pistol, reducing the number of rounds he could fire, according to reports.

There are also indications Holmes may have gotten away that morning, if not for observant police officers who noticed something off about his tactical gear.

"There was one particular piece of equipment that he had on him that was out of place, and I am so proud of my officers that they spotted that right away and challenged him," Aurora Police Chief Dan Oates said on the CBS' "Face the Nation" Sunday.

That piece of equipment was a non-regulation gas mask. Holmes was arrested at the scene.

On Sunday, officials at the University of Colorado Anschutz Medical Campus were looking into whether Holmes used his position in a graduate program to collect hazardous materials, but school officials weren't saying whether they knew he was anything more than a hard-working student.

Police have said that Holmes began buying guns at Denver-area stores nearly two months before Friday's shooting and that he received at least 50 packages in four months at his home and at school.

Holmes' gun range membership rejected

While the university disclosed that it was cooperating with police in the case, that disclosure was one of the few it has made three days after the massacre. It remained unclear whether Holmes' professors and other students at his 35-student Ph.D. program noticed anything unusual about his behavior.

19 Photos

The Colorado massacre suspect

His reasons for quitting the program in June, just a year into the five- to seven-year program, also remained a mystery.

Holmes recently took an intense, three-part oral exam that marks the end of the first year. Those who do well continue with their studies and shift to full-time research, while those who don't do well meet with advisers and discuss their options, including retaking the exam. University officials would not say if he passed, citing privacy concerns.

The university said Holmes gave no reason for his withdrawal, a decision he made in June.

Holmes was not allowed access to the institution after his withdrawal, which was "standard operating procedure" because he was no longer affiliated with the school, said Jacque Montgomery, a spokeswoman for the medical school. Holmes had no contact with university police, she said.

The university declined to release any details of his academic record, citing privacy concerns, and at least two dozen professors and other staff declined to speak with The Associated Press. Some said they were instructed not to talk publicly about Holmes in a blanket email sent to university employees.

Montgomery said police have told the school to not talk about Holmes. The university took down the website for its graduate neuroscience program on Saturday.

Amid the continuing investigation of Holmes and his background, Sunday was a day for healing and remembrance in Aurora, with the community holding a prayer vigil and with President Obama arriving to visit with families of the victims. (Click the player at left to see Mr. Obama's remarks in Aurora)

Mr. Obama said he told the families that "all of America and much of the world is thinking about them." He met with them at the University of Colorado Hospital in Aurora, which treated 23 of the people injured in the mass shooting; 10 remain there, seven hurt critically.

Congregations across Colorado prayed for the shooting victims and their relatives. Elderly churchgoers at an aging Presbyterian church within walking distance near Holmes' apartment joined in prayer, though none had ever met him.

Several thousand gathered for healing at the vigil Sunday night, where a banner said, "Angels Walk With Those Who Grieve."

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[lloydbest1]

"James Holmes "not talking" ahead of first court appearance after Aurora theater shooting"

Oh, he'll talk. Just wait for it. Breivik did; so did McVeigh. Whether what he'll say will make any sense is a little more uncertain.

[foo8259]

The suspect in the Gabby Giffords shooting didn't cooperate either, and was eventually ruled insane. In a court appearance today the perp looked 'shell shocked' to me -- I've seen that 1,000 yards stare before.

[rjakiel73]

It's a shame that this happened and had Colorado residents been able to carry a concealed weapon as allowed by Colorado law the death toll may have been far less. But because Cinemark is declared a gun free zone they could not. In reference to how this outcome could have changed please see:

http://en.wikipedia.org/wiki/Luby's_massacre

The Luby's massacre where Luby's was a "Gun free" zone just like Cinemark. The laws since then have changed in Texas to allow carry. It is a shame when citizens are denied their rights and the outcome is such a tragedy.

[thetruthwillout]

I want to know why he did this. What prompted him to commit this crime. How long had he actually been planning this? The answers will not bring back those who died but it will help us to possibly understand why people commit such acts. I don't believe we can prevent anyone from doing something like this, unfortunately; but I still want to know what set the wheels in motion for this person. They say he was upset about not being able to get a job and having to work at McDonald's. I know that would be upsetting but would have have sparked the commission of such a calculated crime?

[BXavier]

What this scumbag has to say is irrelevant. His motive is irrelevant. The victims and their families and friends are the only people who the focus should be on. As far as the shooter, I hope he gets the death penalty and the process is expedited. This coward is not a human being. Him sitting in court hearing victim statements about how he ruined their lives is not going to effect him. That is what he wants and he will enjoy the attention. The ONLY thing that this creep feels is physical pain. Put this animal down, don't give him his moment. Don't waste a meal on him at the expense of the taxpayer. Don't show his picture in the new. Don't speak his name. Hes a nobody.

[YourRearViewMirror1]

Folks,

James Holmes was mad because he could not get a good job even with a Master Degree from an American University.

America Corporations continue to Export Millions and Millions of Good Manufacturing and Professional jobs to foreign nations.

Whenever American Corporations cannot Export professional jobs, they Import Cheap Professionals using our Wonderful H1B and L1 Visa programs. Get permanent resident after 2 years of sponsorship and U.S. Citizenship 5 years after that.

How many more Professional Americas are mad like James Holmes?

Today, only Fools graduate from High Schools in America.

[enlightenu]

Don't try to justify his actions. He didn't even earn his degree yet.

[rjakiel73]

He shot up a theater full of people because he couldn't get a job? Wow that is a classic example of why this country is going to hell. How about he is a psychopath\sociopath and planned a mass murder as well as a diversionary tactic using explosives in his own apartment. That is not insanity not is anger at being jobless. Blame the individual for his actions nothing or no one else is to blame for them.

[14FREEK]

I am quite confident that this young man committed these attrocities, however according to our judicial system he is afforded an attorney to represent him. he is not REQUIRED TO SPEAK. In fact, according to the Miranda ruling, ANYTHING HE SAYS "CAN AND WILL BE USED AGAINST HIM IN A COURT OF LWW." Not that keeping quiet will help himone iota, he has that right. Frankly, I think if this hick chief of police wouldn't have pressured the kid so much, he may have gotten the kid to talk eventually. Seeing the "Chief of Police"'s attitude I can see where he blew it with the suspect. Then trying to glorify his troops for seeing a peice of equipment out of the norm. PUUULEEEESSEE, the kid was back in his car getting undressed from his attack suit when they came upon him and he immediately gave himself up (rather than get blown away). then the kid gave them the information about his apartment so they wouldn't kill him on the spot. This hick "Cheif" of poeleece is as transparent as glass. They really ought to shut him up and that mayor too. WOW, what a pair. Let the FBI do the reporting. don't get me wrong. This kid is as guilty as Judas, but this Chief and mayor are going to keep blathering on and blow the case. I have already caught two times they have said things that could have jeopordised any other case. this one is one for the history books though. A slam dunk, like OK City. This kid can start on his 25 years of appeals any time now.

[bileven]

actually, from accounts, the SWAT member noticed him outside the theatre, where other officers were gathering. He was followed back to his car, and they waited until he was least likely to "open fire". The reason he gave up, he was unarmed at that point.

The fact that he was told by the attorney to not talk is common practice. The least they talk, the easier it is for the attorney to defend. The Miranda Rights just protect and individuals to not be brutalized for not speaking. Anything colored outside the lines would mean this guy would walk.

Obviously, you either have a personal issue with the Police Chief, or just maybe Police in general. But, to be frank, you need to set aside your perceptions to see the truth.

Truth, like why is the media more concerned about reporting around the guns and not the real reason for his June drop out from a program he seemingly embraced? Why are they reporting more about a church his family attends, but was never a part of?

Guys like him have fixation issues... what was his fixation? It wasn't revenge. No connection to the theatre. What was the connection to this movie? What does Batman/Bruce Wayne represent?

Answers are there, and the intial interview by police, made public to press has the answer, but the irrisponsible liberal media seems more concerns to protect their agenda than making information public. The so-called jounralists and ediots should be ashamed of themselves. They need to be flogged, but they will be accountable for any that follow suit...

[matt6052]

The conservative conspiracy theorists all believe that Fast and Furious was designed to create a vigilante border war that would lead to more gun control. By flooding weapons into Mexico, violence on the border between immigrants and citizens would erupt, causing average Americans to demand more gun laws.

In fact though, the diabolical plan to create support for more gun laws was hatched in Hollywood. Placing scenes of violence against film goers in feature films would cause lunatics to attack theater audiences. When suburban film fans began to be murdered, the thinking went, average people would demand more gun laws. The film Inglourious Basterds is about a plot to kill an entire theater audience on opening night, and that's exactly what Holmes appears to have tried. It's a sick time in America when Hollywood is encouraging violence against those who love films.

To make theaters safe again, Congress must prohibit an MPAA rating on any film that contains scenes of violence against a theater audiences. That'll assure parents that their children are not attending films produced by Hollywood liberals who want to see violence against film fans.

It may sound like an infringement on the first amendment, but the founders never imagined the power, influence and violence that can be caused by today's modern motion pictures. No one has a need or a right to see films where theater audiences are murdered.

We now return you to your regular programming.

[Regur44]

This clown's actions were planned, methodical and totally premeditated. If the prosecutor of this case cannot get a guilty verdict WITH the death penalty he or she should find another line of work. Anything less than removing this b*&%#rd from this earth is the ultimate insult to the victims and their families. When pure evil is encountered it should be destroyed timely. The bleeding hearts and bible carriers who argue that it is wrong to kill want to make me puke. In this case there is no doubt who committed these heinous and unprovoked acts. Do the trial and then administer punishment without a 10-20 year appeal process. Colorado owes it to the victims and their families.

[jd2408]

IMO this man is a terrorist and should be taken into Federal custody. No TV, computers or any type of news from the outside available to him. If he is found guilty he should be hung by the neck until dead.