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James Holmes trial ready to go ahead, judge says
CENTENNIAL, Colo. A judge ruled late Thursday that there's enough evidence for James Holmes to face trial on charges that he killed 12 people and injured 70 others in a Colorado movie theater last summer.
Judge William Sylvester said prosecutors have established probable cause to proceed with 166 felony counts, including murder and attempted murder.
Preliminary hearing for James Holmes
Holmes is due to be arraigned Friday, but his defense attorneys filed papers Thursday afternoon saying he's not ready to enter a plea. They are likely to appear in court Friday to ask for the arraignment to be delayed.
Defense attorneys did not explain why they are not ready for arraignment. Their filing also objected to media requests to bring cameras into the courtroom. Other than during his brief initial appearance in July, cameras have been barred from court during Holmes' case.
Sylvester's ruling came after a three-day hearing earlier this week, in which prosecutors laid out their case against Holmes, 25.
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A succession of police and federal agents testified that Holmes spent weeks amassing guns and ammunition, concocted explosives to booby-trap his apartment and scouted the movie theater where he would allegedly unleash a horrific attack on hundreds of terrified people.
The officers also described a hellish scene inside the theater on July 20, when 12 people were shot to death before their families and friends' eyes and scores of others were wounded amid a din of gunshots, screams and the blaring soundtrack of "The Dark Knight Rises."
Holmes' lawyers called no witnesses and cross-examined only a few of those summoned by prosecutors during the hearing. But they pointedly raised the issue of Holmes' sanity at strategic moments, possibly foreshadowing a defense that some believe is his best hope to avoid the death penalty.
The Colorado massacre suspect
"You're aware that people can be found not guilty on the grounds of insanity?" defense attorney Daniel King asked one witness.
The preliminary hearing, which ended Wednesday, was designed to determine whether prosecutors' case is strong enough to put Holmes on trial.
Holmes' lawyers haven't said if he will plead not guilty by reason of insanity, but since his arrest outside the theater in the Denver suburb of Aurora immediately after the shootings, they have portrayed him as a man with serious mental problems prone to bizarre behavior.
Many legal analysts have said they expect the case to end with a plea bargain rather than a trial.
Tom Teves, whose son Alex was among the dead, said he would rather see Holmes plead guilty to first-degree murder, avoiding a traumatic trial, bringing a life sentence and closing the door to an insanity defense.
If found not guilty by reason of insanity, Holmes could conceivably be released someday if he is deemed to have recovered.
"Don't pretend he's crazy," Teves said Wednesday. "He's not crazy. He's no more crazy than you and I."
Prosecutors developed twin themes at the hearing: the horror and devastation of the attack, and a weekslong process in which they alleged Holmes planned and prepared for the assault.
Two officers were overcome by emotion when they testified about the chaos in the theater and the race to get victims to hospitals by police cars until ambulances could arrive. Other testimony included the names and injuries of the victims, read out one by one.
Prosecution witnesses also testified that Holmes started assembling an arsenal in early May and by July 6 had two semi-automatic pistols, a shotgun, a semi-automatic rifle, 6,200 rounds of ammunition and high-capacity magazines that allow a shooter to fire more rounds without stopping to reload.
In late June he began equipping himself with a helmet, gas mask and body armor, the witnesses said.
In early July, they testified, he began buying fuses, gunpowder, chemicals and electronics to booby-trap his apartment in hopes of triggering an explosion and fire to divert police from the theater. The bombs never went off.
Also in early July, he took some interior and exterior photos of the theater, witnesses said.
"He picked the perfect venue for this crime," prosecutor Karen Pearson said.
On Wednesday, Pearson showed a series of photos that investigators said Holmes took of himself hours before the massacre. In one, he glares through black contact lenses, sticking out his tongue, as two locks of his orange-dyed hair curl out on either side of his head like horns.
Caren Teves, mother of Alex and wife of Tom Teves, said she saw Holmes smile when his self-portraits were shown in court.
"He just sat in the courtroom pretty much delighted. He was smiling. He was smirking," she said.
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Not an amateur silly, sometimes wish I was.
RN, 33 years experience.
Cat scans do not, can not diagnosis schizophrenia.
You are a fool and misguided. You know nothing.
Lets get the trial over and give him a proper hanging!
He deprived others of their lives and thought little of doing so......lets not make a big to do about preserving this POS's life.
Mr. Holmes will be found guilty regardless whether he is innocent or not, because attorneys are not allowed to discredit the government to the extent involved, or to disclose that labelled national security. Evidence is conflicting and being supressed, such as the witness who saw the exit door opened and blocked by a man with a goatee, not orange hair. Ticket purchase by James Holmes has been reported as purchased there, and online the night before, 2 days, twelve days and months in advance. That is enough for me.
I'm assuming that his attorneys are trying to have him plead out, and he is asking for a trial becuase he is innocent. He is being drugged in isolation, and will be until he agrees. The survivors of the victims, who my heart goes out to, have the right to know what our government is capable of. My personal experiences opened my eyes to these sociopaths in power. If Mr. Holmes was framed or wasn't, we are entitled to a motive. He isn't "crazy" now, but will be by the time he appears in court. Remember that all professional licenses are controlled by the "state"; Law enforment, legal and medical..... and they do what they're told to retain those licenses in situations like this. Hope the truth comes out, but I sincerely doubt it will.
Not ready?!? C'mon, he supposedly shot up the place in July. It's now nearly six months since; Holmes should at least be able to tell us whether he did or didn't do the deed.
Part of our civil rights is the right for an accused to a timely trial. That right also applies to those who accuse.....
PS: quit showing his picture; he's disgusting to look at.
Most people are not educated about schizophrenia. Clearly James Holmes suffers from it ( at the very least ).
Scientists do not know what causes it. Latest studies have looked at the possibility of a virus contracted at birth. Stress, alcohol or drugs can trigger symptoms. It can transform a wonderful young person ( usually males ), into someone the family does not recognize. It is a biological disease just like cancer or heart disease. It is not bad parents or a choice. It can take years to get a proper diagnosis. Misdiagnosis can lead to treatments with meds that will actually increase auditory and visual hallucinations. It is thought that the brain takes in information faster than it can process so the person is confused as to what they hear and see and where it comes from. You can imagine a parent misinterpreting this as bad behavior from a kid who they know is smart and good hearted. Parents push and pressure to no avail. In fact many people with schizophrenia can not work, and should not work. Ever watch the movie, A Beautiful Mind? You should, it portrays the disease very well. Keep in mind most people with mental illnesses are actually victims of crime, opposed to perpetrating crime. Not all people that commit crimes have mental illnesses.
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sounds like you might need one of those 'mind control priests'.