James Holmes faces judge for first time in wake of Aurora, Colo., movie theater mass shooting

Updated at 2:02 p.m. ET

(CBS/AP) The suspected gunman in the Colorado theater massacre faced a judge Monday in his first court appearance after the horrific attack on midnight moviegoers at a Batman film premiere.

Wearing orange-red hair and looking at times emotional and at other times bleary-eyed, James Holmes sat in a maroon jailhouse jumpsuit as Chief Judge William Sylvester advised him of the case.

At one point, he closed his eyes as the judge spoke. Holmes didn't speak at all during the hearing. His attorneys answered for him when the judge asked if he understood his rights. Attorney Tamara Brady, from the state public defender's office, sat next to him in a jury box; attorney Daniel King is also assigned to his case.

After the hearing, Eighteenth Judicial District Attorney Carol Chambers told reporters that she didn't have any information about whether Holmes was on medication.

She also said Holmes likely wouldn't stand trial for at least a year. In response to a reporter's question, she said she wouldn't describe the case as a "slam dunk."

"I would say there's no such thing as a slam-dunk case," said Chambers. "We're still looking at the enormous amount of evidence."

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57 Photos

Shooting rampage in Colo. theater

Prosecutors would usually have 72 hours to formally charge the 24-year-old Aurora resident, who is originally from California, but Sylvester granted the prosecutors' request to extend the deadline until next Monday.

Chambers told reporters her office is considering pursuing the death penalty against Holmes. She said a decision will be made in consultation with victims' families.

"Victims will be impacted by that decision for years," Chambers said, noting that pursuing the death penalty lengthens the judicial process.

23 Photos

The Aurora shooting victims

Relatives of at least five victims were present in the courtroom during the hearing, including the father of shooting victim Alex Teves, who sat in the front row with his eyes fixed on Holmes. One woman's eyes welled up with tears during the proceedings.

David Sanchez, who waited outside the courthouse during Holmes' hearing, said his pregnant daughter escaped uninjured but her husband was shot in the head and was in critical condition.

"When it's your own daughter and she escaped death by mere seconds, I want to say it makes you angry," Sanchez said.

Sanchez said his daughter, 21-year-old Katie Medely, and her husband, Caleb, 23, had been waiting for a year to watch the movie.

Asked what punishment would be justified if Holmes is convicted, Sanchez said, "I think death is."

19 Photos

The Colorado massacre suspect

Holmes had been held in solitary confinement at an Arapahoe County detention facility since Friday on suspicion of first-degree murder, and he could also face additional counts of aggravated assault and weapons violations.

Authorities disclosed that he is refusing to cooperate and that it could take months to learn what prompted the mass shooting.

Aurora Police Chief Dan Oates said Sunday that the 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.

On CBS' "Face the Nation" Sunday, Oates said Holmes' arrest immediately after the shooting was the result of observant police officers who noticed something off about the man dressed in black tactical gear.

(Watch at left)

"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," Oates said.

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

Oates also said there was some information about a possible relationship in Holmes' life that authorities were investigating.

On "CBS This Morning" Monday, CBS News senior correspondent John Miller reported that investigators understand that there is a girlfriend in the picture.

"This is somebody they've either talked to or need to talk to," said Miller, "but they still haven't assessed whether that was a factor or how much."

During the attack early Friday, Holmes allegedly set off gas canisters and used a semiautomatic rifle, a shotgun and a pistol to open fire on theater-goers, Oates said. Holmes had bought the weapons at local gun stores in the past two months. He recently bought 6,000 rounds of ammunition over the Internet, the chief said.

The gunman's semiautomatic assault rifle jammed during the attack, forcing him to switch to another gun with less firepower, a federal law enforcement official told The Associated Press. That malfunction and weapons switch might have saved some lives.

Oates said a 100-round ammunition drum was found in the theater, but he said he didn't know whether it jammed or emptied.

The shooting was the worst in the U.S. since the Nov. 5, 2009, attack at Fort Hood, Texas. An Army psychiatrist there was charged with killing 13 soldiers and civilians and wounding more than two dozen others.

Holmes has been held without bond at the lockup in Centennial, Colo., south of Denver and about 13 miles from the Aurora theater.

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[indiana2009]

It is all a big game to these people. Harsher punishment needs to be enforced immediately to make an example. Sure, why not? Let's play villians like we see in every day movies. All they expect to get is some time in prison and lots of publicity. They feel no remorse over their actions. These people need to be executed immediately and maybe others will think twice about performing the same scenario. This is just ridiculous. People will start fearing for their life every time they leave their home if the government does not try to control this. It is happening in schools, rallies, and now in movie theatres...

[pcfogarty]

This news release is not starving for comments with answers , but the people of this country are . So here is mine . I know nothing of the past of Mr Holmes but it is likely that knowing something about it might shed some light on the subject of why. The use of conventional forensic research methods and tools is not likely to be of much help. But nothing is without explanation and in all of this there is an answer . However it is not within the culprit. James himself does not know and no amount of police grilling will get the real answer out of him because it is not there to be had . The young man though , may fabricate something out of frustration , but that won't help anyone and levying the full force of the law , as the President said , won't discourage another incident of the same nature . It has not before . Why should it now ? The answer is endemic and in time will be understood by some professionals . The problem is deep , systemic and difficult to change but understanding frequently does result in change , so in that there is hope . The answer though , does not lay in the victims , any of them , that includes Mr Holmes .
As soon as people begin to understand that then progress may be made.

[dreamofjeanie]

I really wanted to reply to some one who brought race into this horrific mass murder of innocents. Someone said if Homes was Black, he'd be a 'thug' or Muslim, he'd be called a 'terrorist" but since he's WHITE, he is 'mentally ill". Race should not be an issue. Orange head was brilliant enough to plan this out in a few short months AND rigged his apt. with explosives so that anyone who un-cautiously may have blown up the building and more lives would have been lost. This is NOT a crazy man. This is an angry, cold, calculating, evil, cunning person. Death Penalty is too good for him.

[mysticpizza]

Race should not be brought into this situation in which I completely agree with you but if he was black he would be called all of those things.

[jwilsonte5]

For the people who want think this pc.of crap is mental because of way he is acting are just plain wrong. he is sitting in front of he victums families closes his eye to escape and no question he maybe in shook due to he was exspecting a different feeling and realizes his life is going to be spent in Hell!!Stop with poor guy has mental problem pitty for this is guy just Wrong!!and remember a mentally ill person is not looking for sex as he was and ask on profile will you visit me in prison months earlier if this is mental illness we will never be able convict someone of murder.

[SpeakPeace]

Just IGNORE the TROLLS and the political BS....the bottom line is, HE GOT CAUGHT in the act, HE DID IT, and he's using his so-called "Intelligence" in that he's FAKING his little drama performance in this court hearing! He thinks by acting "out of it" that he can get off on an Insanity Plea. C'mon..it don't take a Rocket Scientist to figure that one out!

[Dancing-in-the-Streets]

It takes a certain amount of insanity to shoot that many people for no reason! But that doesn't mean he should get out of the punishment, if he's THAT insane, his life won't be worth living anyway, he needs to Die!

[jnostromo]

He is clever, calculating psychopath just like btk, bundy, the two vermin in Conn....he will perform in the hopes of swaying people into believing he is suffering from diminished capacity...Hopefully the jury will not buy into his act. What worries me is that they are deciding whether to ask for the death penalty. It should be a easy decision..he slaughtered 12 people, injured 58 more..the death penalty is a must.

[Faramir0028g]

I have but one wish for this fool. That when he goes to prison they get medieval on him for a couple of years of pain and terror then shank him in the showers. After he dies the devil can torment him for all eternity.
just a terrible person

[tmn]

He is clearly trying to make a fashion statement, but the Satanic look is definitely not working for him.

[14FREEK]

He was acting so strangely in court yesterday because he went to all that planning and trouble and they wouldn't give him one of those cool orange jumpsuits to match his new "do".

[johngalt_as]

One thing I don't get, how does a guy who was supposedly going to be evicted and was having a tough time economically, have the money for 50 mail order deliveries, purchase a few guns (they ain't cheap), buy thousands of rounds of ammo (about 6 cents per bullet of higher), and items for bomb making? No doubt the guy's a loon and did what he did but something doesn't fit right. My point is how can they be so sure already he did not have help? He's not talking to anyone and yet they are sure he was alone in all aspects.

[varigdc10]

Our ridiculous judicial system laws should be changed to speed things up and just put to rest cases such as this.This guy is called a "suspect" for "allegedly" killing 12 people. Everybody saw him do this, the cops arrested him on site, he is not a suspect but plainly a "killer". Forget the judicial process, there is no need for lawyers, judges, courts, TV obsession, made for TV movies, and so on and on. Send him off to jail, and close the book, that's all, subject closed.

[AHSND]

It seems from seeing both video and even more so stills, this man has little idea of where he even is? Look at his expressions they are of something else.A surprised look, inquisitive, sad, like he is somewhere else, responding to things which are not there. Which was the essence of his studies? I also believe he collapsed the instant he left the courtroom. I have no idea what this may imply. I have seen sleep deprevation comments but, no. The adrenaline of a murder trial a week with no sleep one would still be wired.

[Wingsfan1983]

It is very difficult to understand especially when a case seems so absolute. However, due process must be followed in order for all to have our basic fundamental rights.