CBS/AP/ January 7, 2013, 12:37 PM

Aurora cops detail grisly scene at mass shooting

Updated at 6:30 p.m. ET

CENTENNIAL, Colo. With some families of shooting victims of the Colorado movie theater massacre listening, police officers fought to keep their composure Monday as they testified about their efforts to try to save the wounded without enough ambulances.

During the opening of a hearing in which prosecutors began laying out their case against James Holmes, the officers testified the movie was still playing as they entered the theater. An alarm was going off and moviegoers' cellphones rang unanswered. There was so much blood on the floor, Officer Justin Grizzle said he slipped and almost fell down.

Investigators say Holmes tossed two gas canisters and then opened fire during the midnight showing of the Batman movie "The Dark Knight Rises" on July 20, killing 12 people and wounding dozens.

"He's heartless. He really is. He has no emotion. He has no feeling. I don't know anybody can live that way," Sam Soudani told The Associated Press after the hearing. His 23-year-old daughter survived after being hit by shrapnel from an explosive device at the theater.

CBS correspondent Barry Petersen reports that Specialist Sergeant Gerald Jonsgaard was close to tears as he described how he came across 6-year-old victim Veronica Moser Sullivan. "I checked for a pulse," he said. "She was dead no pulse."

Veronica's great aunt, Mary Ellen Hansen, was one of several family members of the dead inside the courtroom Monday.

"It was gut-wrenching, it really was, to think that a 6-year-old's life was snuffed out in seconds. And it made me feel like I was reliving that."

Officer Grizzle recalled ferrying the wounded to the hospital and said he had to stop one man worried about his 7-year-old daughter from jumping out of the moving patrol car. He said there was so much blood in his car that he could hear it sloshing around.

A bearded Holmes didn't appear to show any emotion.

A police officer testifies about the Aurora movie theater shooting during a court hearing in Centennial, Colo., on Monday, January 7, 2013.

Officer Jason Oviatt testifies about the Aurora movie theater shooting during a court hearing in Centennial, Colo., on Monday, January 7, 2013.

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Police officers who arrested the suspected gunman described the former neuroscience graduate student, clad in body armor, as unusually relaxed but fidgety at times.

Holmes didn't resist arrest behind the theater and volunteered that his apartment had been booby trapped, the officers testified.

When Officer Jason Oviatt first saw Holmes in his gear standing next to his car behind the theater, he thought he was a fellow officer but then realized Holmes was standing still, and not rushing toward the theater.

Oviatt said Holmes seemed "very, very relaxed" and didn't seem to have "normal emotional reactions" to things.

"He seemed very detached from it all," he said.

Oviatt pointed his gun at him, handcuffed him and searched him. He said he found two knives and a semi-automatic handgun on top of Holmes' car. Oviatt said an ammunition magazine also fell out of Holmes' pocket and he found another one on the ground. He said Holmes was dripping in sweat and his pupils were wide open.

Officer Aaron Blue said Holmes was fidgeting around after he and Oviatt put him in a patrol car, prompting them to stop and search Holmes again. They were worried they might have missed something because of Holmes' bulky outfit.

Police found that Holmes bought the ticket on July 8, almost two weeks before the July 20 shooting, Petersen reports. Surveillance video showed Holmes acting so normal in the lobby that night, he opened a door for a couple and politely let them go in.

The preliminary hearing is expected to last all week. It will allow the judge to determine whether the prosecution's case is strong enough to warrant a trial but it's rare for a judge not to order a trial if a case gets this far.

CBS News senior legal analyst Andrew Cohen reports the prosecution has a low burden to meet at the hearing, but notes that the proceeding allows the defense an early chance to evaluate the strength of the state's case and to question law enforcement officials.

"It's likely to be dramatic and in many ways heartbreaking," Cohen told CBS Radio News. "The public will hear details for the first time about what police believe went on inside that theater. We could hear 911 tapes. There will likely be photos and video, and Holmes will be at the defense table through it all."

Whatever other details emerge at the preliminary hearing, they will do so in a nation that has changed dramatically since the July 20 attack that pushed the problems of gun violence and mental illness into the forefront before receding.

That debate reignited last month when a gunman killed 20 children and six adults at Sandy Hook Elementary School in Newtown, Conn., spawning calls for better psychiatric care, tougher gun laws and the arming of teachers.

Holmes is charged with more than 160 counts, including murder and attempted murder.

Legal analysts say that evidence appears to be so strong that Holmes may well accept a plea agreement before trial.

In such cases, the preliminary hearing can set the stage for a deal by letting each side assess the other's strengths and weaknesses, said Laurie Levenson, a former federal prosecutor and now a professor at Loyola Law School in Los Angeles.

They "are often the first step to resolving the case, a mini-trial so both sides can see the writing on the wall," she said.


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31 Comments Add a Comment
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jwile62 says:
Welcome to the bogeyman!!! Are You scared yet? Time to surrender all your rights and let BIG BROTHER protect you? All of these episodes are all mini-9/11's designed to cause fear in the hearts of "sometime thinking America". Thinking America, if they took all the guns a person hell-bent on destruction will find a way. This nation was founded by a gun and a bullet; and you had better possess the combo if you think BIG BROTHER means you any good. We live in an authoritarian state disguised as a democracy and capitalism is a sham. We are serfs and the Lords of the Manor will do anything to protect their Republic. WAKE UP and Smell the Manure.
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legalbutunjust says:
JOHNLOCKESGHOST replies:Persons guilty of public violence using a deadly weapon should receive an automatic death sentence without escape for mental illness.

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So, the over 900,000 persons convicted of DWI and under other, similar statutes in 2010, should all have been put to death, eh?

Afterall, a motor vehicle can become a deadly weapon when used improperly, and "DWI"is, itself, deemed a crime of violence (committed in public).
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legalbutunjust says:
JOHNNY1781 replies:

Holmes is a victim too.

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A victim of what, exactly.

Being "misunderstood," like that little schnook Adam Lanza?

You have to be kidding, which owed to the nature of this case, is completely out of line if you were to be 'joking'.

If so, you should be ashamed, and have your own damn head checked.
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johnlockesghost says:
Plea agreement? You've got to be kidding! A kintergardner could win this case and have a sentence of death for this SOB. No psychological escape either (which is what he's hoping for). Get rid of the trash!
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legalbutunjust replies:
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agreed, though I am no supporter of the fiscally liberal death penalty we have on our hands today. I'm not so certain I'd have supported capital punishment in our society, in the way it existed during pre-war times, either (had I lived at that earlier time).

Throw him in the small box he earned for a home, and call it life without parole. Done deal, goodbye.
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kbbpll says:
It is absurd that 40% of gun purchases in this country occur without a background check. Registration should be annual, same as a vehicle, and require a mental health certification. Psychiatric issues should be linked to background check and proactive removal of weapons - privacy be damned, there's no excuse for someone like this who has already been seeing mental health professionals to be able to go online and purchase unlimited quantites of ammo. We treat firearm purchases like candy in this country, and it is insane. I have no problems with responsible people owning guns, but these are deadly weapons, and the status quo is unacceptible. Two weeks ago in CO a guy bailed out of jail on domestic violence charges and immediately went and got his gun and killed his ex and two others before killing himself. Any domestic violence situation should automatically require a search for and confiscation of firearms. Similarly in CO last week, a guy gets fired for stalking a coworker, then kills her and gets gunned down by police. Same deal - these situations should require automatic search for and confiscation of firearms.
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johnlockesghost replies:
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You're right! Psychological tests should be given on an annual basis for all gun owners. However, the only thing that makes weapons deadly is the person behind it. Persons guilty of public violence using a deadly weapon should receive an automatic death sentence without escape for mental illness.
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komodo55 says:
Every time I see a picture of Holmes, I want to go to work on him with a blunt object. Having said that...perhaps the lad just needs understanding and love.
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legalbutunjust replies:
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What Mr. Holmes needs is confinement in a detention center for the rest of his natural life; he is someone from whom society should be most strongly protected. A fact that sadly was not realized soon enough.

What I see unfolding here is a long exegesis and discovery over his mental health and fitness for trial. Which, as far as I am concerned, is plain crap.

I'm the very first person who would stand up for the rights of the unjustly accused, and the poor or defenseless standing nailed to a cross within a shady legal venue, and all those who'd typically fall victim to a commonly flawed crime and punishment machine (and whatever ungoverned, unbalanced legal or court-related entities associate with such "injustice").

That said, I am a firm believer that when you attenuate these very kinds of cases in the courts, and go to every exhaustive length to protect the rights and interests of a calculated, pre-planned, villainous twelve time killer such as the likes of James Holmes, you slap the face of just about every innocent person ever convicted of a crime they did not commit- those that were frankly either railroaded among corrupt and unchecked circumstances, or otherwise simply poorly and pitifully represented by some legal defense thug. And perhaps even worse that that, you flub your nose and make no bones about defiling the names of the victims, their family, friends and loved ones, having shat all over their OWN rights. It's disgusting.

This person deserves nothing but life in a box- and soon. None of this mental health mumbo jumbo crap. He planted bombs in his apartment, hoping to injure or kill even more people, ambush authorities. He stocked up on assault weapons and ammunition purchased over the internet, only weeks before the killings. He alluded to ominous undertakings and alarmed school officials, was suspended from campus.

Yah, I'd say he's guilty as sin. High time RIGHT NOW that he be tried and convicted swiftly, and then sentenced. The reality, however, is that we'll still be hearing about this individual months from now, as he awaits a conviction or sentence. It's truly absurd, and shame on ALL who are staving off resolution of this case, when indeed I'd venture to guess that most of those affected, their lives torn all apart by this unspeakable act, are patiently yet hurriedly awaiting disposition of this case.

No celebrity should there be, given to this ruthless killer. He should be afforded his right to a speedy trial, and done away with in unimpeded, swift order. So all involved can turn the page and move on, something the media- and the liberalized, clueless idiots defending him (The chummy 'adversaries' to those hailing from the prosecutor's office no doubt), could unfortunately give two flying sh*ts about, in terms of their own priorities. Pathetic, really.

Fit for trial? Gimme a break! How do you like your tax dollars being wasted, folks?
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east_coast1 says:
Why in the world would they ever consider a plea deal?
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rwsmith29456 says:
Horrible, horrible, horrible. And I'll bet that Holmes wasn't even an NRA member.
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Type_Z says:
The Psychiatrist and school failed the public I'm afraid. I imagine they could be held legally responsible, as if any good would come from that. If the Psychiatrist is worried and the school is worried enough they don't want him around, doesn't it make sense measures be taken to protect society.

Here again is where we fail every single time. Every time. Someone always knows something. There must laws to make sure that those who fall into the criteria of making credible threats get help, for their sake and our.

Gun laws have little to do this situation.
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freewillybird replies:
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mental illness is often a judgement call.
when 999 people with these same outward signs of illness are benign and one is a killer, how do you proceed? involuntary commitment of all 1000?
people have the right to refuse treatment and to challenge being detained.
gun laws have everything to do with this, because then the person who snaps has access to highly lethal firepower.
Type_Z replies:
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Of course measures need to be taken to keep guns away from unstable family or friends. Responsible, law abiding gun owners do do participate in crimes like this. There is a segment of society that should not have access.
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1988JAck says:
Hey, America -- Let's have more guns, more guns, more guns. Let's just make it as easy as possible to kill more and more of us us innocents. Does no one see this is insanity only designed to kill most of us off? For the rich who don't need us anymore because their machines will do all our jobs? WAKE UP. THE ULTRA RIGHT ARE ONLY FOR THE RICH.
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Type_Z replies:
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Please try to make sense.
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