James Eagan Holmes charged with murder, attempted murder from Colo. rampage

Updated at 4:17 p.m. ET

(CBS/AP) CENTENNIAL, Colo. - Colorado prosecutors filed 24 counts of murder charges Monday against James Eagan Holmes, the former neuroscience student accused of killing 12 people and injuring 58 others at an Aurora movie theater.

For each victim who died in the rampage, Holmes, 24, was charged with two counts of first-degree murder, one for allegedly intending to cause harm and another for allegedly acting with extreme indifference to human life, according to court documents.

A conviction under extreme indifference means that any life sentences would have to be served consecutively, not concurrently, said Craig Silverman, a former chief deputy district attorney in Denver.

Prosecutors also filed 116 counts of attempted murder against Holmes, who Aurora police said booby trapped his apartment with the intent to kill any officers responding there the night of the theater attack. Among the charges Monday was one count of possession of explosives and one count of a crime of violence.

Holmes, still with his hair dyed orange-red, appeared just as dazed as he did in his first court appearance last week, but at one point exchanged a few words with one of his attorneys in the packed courtroom. He did not enter a plea during the hearing. He ultimately could verbally enter a plea, or his attorneys could enter it for him.

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At times, it appeared Holmes was trying to focus his eyes. When the judge asked if he approved of a delay in the bail hearing to November, he reacted as if his thoughts were disturbed. Holmes leaned to his lawyer, appeared to mouth "OK," then responded "yeah" to the judge.

Unlike Holmes' first court appearance July 23, Monday's hearing was not televised. At the request of the defense, District Chief Judge William Sylvester barred video and still cameras from the hearing, saying expanded coverage could interfere with Holmes' right to a fair trial.

Last week, Sylvester allowed a live video feed that permitted the world its first glimpse of the shooting suspect. With an unruly mop of orange hair, Holmes appeared bleary-eyed and distracted. He did not speak.

Before the hearing, several people in the courtroom clasped their hands and bowed their heads as if in prayer. One unidentified man glared at Holmes throughout the hearing.

Among the victims attending the hearing was Rita Paulina, who arrived in a wheelchair. Another woman with a bandaged arm was among several wearing Batman T-shirts.

19 Photos

The Colorado massacre suspect

Investigators said Holmes began stockpiling gear for his assault four months ago and bought his weapons well before the shooting spree just after midnight during a showing of the Batman film "The Dark Knight Rises."

The four guns retrieved from the shooting were purchased legally at three Colorado gun stores between May 22 and July 6, CBS News correspondent Bob Orr reports. A federal law enforcement source told CBS News that Holmes spent $15,000 fortifying his arsenal online. Authorities found a shipping label from BulkAmmo.com in a dumpster near Holmes' apartment, the source said.

Holmes was arrested by police outside the theater. Analysts said that means it's likely there's only one main point of legal dispute between prosecutors and the defense.

"I don't think it's too hard to predict the path of this proceeding," said Craig Silverman, a former chief deputy district attorney in Denver. "This is not a whodunit. ... The only possible defense is insanity."

23 Photos

The Aurora shooting victims

One development over the weekend brought more grief. A woman who was critically wounded and whose 6-year-old daughter was killed suffered a miscarriage because of the trauma, her family said Saturday. Ashley Moser's daughter, Veronica Moser-Sullivan, was the youngest person killed in the attack.

Under Colorado law, defendants are not legally liable for their acts if their minds are so "diseased" that they cannot distinguish between right and wrong. However, the law warns that "care should be taken not to confuse such mental disease or defect with moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred, or other motives, and kindred evil conditions."

Experts said there are two levels of insanity defenses.

9 Photos

Wife of wounded Colo. victim gives birth

Holmes' public defenders could argue he is not mentally competent to stand trial, which is the argument by lawyers for Jared Loughner, who is accused of killing six people in 2011 in Tucson, Ariz., and wounding several others, including Rep. Gabrielle Giffords. Loughner, who has pleaded not guilty to 49 charges, has been diagnosed with schizophrenia and is undergoing treatment at a Missouri prison facility in a bid to make him mentally fit to stand trial.

If Holmes' attorneys cannot convince the court that he is mentally incompetent, and he is convicted, they can try to stave off a possible death penalty by arguing he is mentally ill. Prosecutors will decide whether to seek the death penalty in the coming weeks.

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[MikeElliott]

Don't be fooled everybody It's all an act. He is not mentally ill but in fact the coward's coward. He's afraid of being executed, plain and simple. In his second hearing he put on the same act displayed in the first hearing but for a fleeting moment broke his insane look and took a fast glance at the judge when the words "death penalty" were mentioned. It shows the sane mind is listening in on the proceedings all along and can not resist exposing itself whenever crucial words are mentioned -- an effective way of spotting a fake. The defense lawyers do not want cameras in the court room any longer as they know we will spot flaws in their insanity claim from time to time. Though Holmes is a brilliant coward... he is not a very good actor.

[momwifenana]

Wow I am shocked, they are charging him with first degree murder and attmpted murder? What did they think the charges were going to be "Screaming FIre in a packed theate"? What a waste of space. Some reporter got paid to state the obvious. Cannot claim he is insane, too well thought out. As a Psychologist I would love to really hear his motive,the trigger and about his past mental history. Obviously this was not his first incident of snapping.

[tmn]

Death
By
Firing
Squad

[momwifenana]

That is considered cruel and unusual punishment uness you are in the military.

[TTWCS]

firing squad, too merciful.. hang the son of a *****.. I volunteer to tie the rope.

[ocman_nguyen]

Today, there was a story about a shop owner shot robber in his own
store in Westminster, CA.
Thinking of James Holmes when I read this story, I told myself the good
guy won this time.
http://wp.me/p28mLX-lJ

[lorne46]

There is only one intelligent comment here: premeditated first degree = death penalty. You cannot be insane to plan it that well.

[stvjns1]

Manchurian Candidate. I hope this event gets the serious in-depth examination it deserves. There have been a lot of these mind-control-looking events. Some agency or other may be up to something. Do your homework.

[NinthLive]

Thank you. This guy was barely making it through school financially, but he could afford a whole bunch of assault equipment? More than 1 eyewitness has stated that there was more than 1 person involved, and that the shooter stood about 5'8'. Holmes is 6'3". AND, his father was a scientist for FICO, and about to testify in front of Congress about the Libor Banking Crime... And all this is just for starters...

[hypnotoad72]

Surely not 104 accounts of attempted murder and 12 of murder?

The numbers (12 murder, 58 injured) don't add up to 104...

[Jhihmoac]

"My client shows signs of being unfit for trial...He didn't know what he was doing at the time..."

I could never be a police officer...I'd be in deep trouble for shooting a scumbag such as this dead in cold blood, and then telling the judge that I didn't know what I was doing, either :P

[hypnotoad72]

Or a lawyer for the defense... I know they have to think of possible situations, but -- yuck. Especially when there's so much that's a little too obvious.

Still, what made this kid break down...

[NinthLive]

You keep on listening to what the corporate owned media tells you. Wonder how well that's worked out for up until now.

[jwilsonte5]

The real sad thing is way reporters and slim balls like the dr. drews have already found him mental and are talking when did his mental break down start no if it occured .its a shame that these buzzards who have never talked to this LOSER are making calls on whats wrong with him when all we have is a LOSER who life was to hard!! but the likes of dr drews in world need to make a lazy living by supporting this pitiful JERK!!

[hypnotoad72]

"too hard" - it looks like proper grammar is too hard for you as well... just don't gun me down because I told you so...

BTW: For all your vitriol and anger over his being lazy and not wanting to work, you quite clearly forget offshoring, use of illegal immigrants, corporations being given taxpayer money in return for offshoring... that makes you as lazy and pitiful as the person you berate. Even more so because you're too lazy to think about more than just your emotional state.

[Filmguy870]

premeditated first degree...death penalty!

[hypnotoad72]

Agreed.

Once due process and justice are carried out, I have no qualms about the death penalty, but there are a lot of issues that society seems to be overlooking...