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Aurora victim's dad in court: "Rot in hell Holmes"
Steve Hernandez, right, the father of Rebecca Wingos who was killed in the Aurora theater, holds hands with an unidentified woman as they arrive for a court proceeding for Aurora theater shooting suspect James Holmes at the courthouse in Centennial, Colo., on Friday, Jan. 11, 2013. Hernandez yelled out "Rot in Hell Holmes" in court at the end of Friday's proceedings. / AP Photo/Ed Andrieski
CENTENNIAL, Colo. A judge on Friday delayed the arraignment of the man charged with the Colorado theater shooting until March despite objections from prosecutors and most of the victims and their families.
District Judge William Sylvester ruled Thursday night that prosecutors had presented sufficient evidence at a preliminary hearing to proceed toward trial on charges that James Holmes killed 12 people and injured 70 others at a suburban Denver movie theater on July 20.
James Holmes trial will proceed, according to Colo. judge
Holmes, who is charged with multiple counts of first-degree murder and attempted murder, won't have to enter a plea until March 12 after the judge granted a defense motion to delay that proceeding.
A murmur of disbelief rippled through the courtroom when the defense said it wouldn't be ready until March. Then, at the end of the hearing, the father of Rebecca Wingo, who was killed in the shooting, shouted "Rot in hell Holmes."
The judge reconvened the proceeding to talk to Steve Hernandez, who apologized and promised there would be no more outbursts. The judge was sympathetic.
"I am terribly sorry for your loss and I can only begin to imagine the emotions that are raging," Sylvester told him.
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Sylvester had asked Holmes if he objected to the delay and defense attorney Tamara Brady answered for him, saying he did not. Defense lawyers didn't say why they wanted to delay entering a plea.
One possible reason could be to seek a mental health evaluation by a doctor of their choosing. Lawyers for Holmes have said he is mentally ill, raising the possibility of an insanity defense.
The Colorado massacre suspect
If Holmes had entered an insanity plea on Friday, an evaluation would be done by state doctors.
Prosecutors objected to the delay and said they were ready to move ahead.
Sylvester said he understood their position but wanted to make sure he did not do anything that could lay the grounds for an appeal.
"We want to avoid at all costs doing anything improper," the judge said.
Following the hearing, District Attorney George Brauchler, who took office this week, didn't specifically address the delay but said he wanted to "protect the interests of all involved in this case."
If Holmes, 25, is convicted of first-degree murder, he could face the death penalty. Prosecutors have not said whether they would pursue that sentence.
The hearing capped an emotional week in which the public, including victims and their families, got the first look at evidence gathered against Holmes and heard police officers describe attempts to save the wounded.
The Aurora shooting victims
During the preliminary hearing, witnesses testified that Holmes spent weeks amassing an arsenal and planning the attack at a midnight showing of "The Dark Knight Rises," and that he took photos of himself hours before the shooting, including one that showed him grinning with a handgun.
They also detailed an elaborate booby trap set up at Holmes' apartment designed to explode at the same time the theater attack occurred several miles away.
Prosecution witnesses testified that Holmes began acquiring weapons in early May, and by July 6 he 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.
Holmes' lawyers called no witnesses during the hearing.
Another possibility in the case is that either side could argue that Holmes is not mentally capable of assisting in his own defense. If that happens, the judge would order a mental competency evaluation. Sylvester also can order an evaluation if he has his own questions about Holmes' competence.
In the case of the Tucson, Ariz., shooting that killed six people and wounded 13, including then-Rep. Gabrielle Giffords, Jared Loughner was initially ruled incompetent to stand trial. However, after a year of treatment, Loughner was ruled competent, the case proceeded, and he entered guilty pleas.
If Holmes ends up pleading not guilty by reason of insanity, Sylvester would also order a psychiatric evaluation by doctors at the state hospital. A jury would consider that evaluation, along with testimony by expert witnesses, any other court-ordered evaluations and other evidence, in deciding at a trial whether Holmes is or is not guilty by reason of insanity.
If found not guilty by reason of insanity, Holmes would be committed to the state mental hospital for treatment. His case would be reviewed every six months. He conceivably could be released if he ever is deemed no longer insane.
"Insanity is what this case is going to turn on," said Denver criminal defense attorney Dan Recht. "This is not a whodunit case."
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He can rot in hell after he spends a lifetime in confined psychiatric treatment.
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I'm sure he will be, to one or another extent, permitted certain medical services as an inmate that focus on his mental state.
However, that should NOT exceed that which is received by any other convicted killer in that state. And frankly, given the planning and level of sophistication associated with these horrendous crimes, and the sheer number of victims- nearly 70 in all, why should he get any more 'treatment' for his head than anyone else?
Padded walls and a straight jacket when needs be, is all the care he should receive. In a box, 23 hours a day- every day. Lockdown, maxie max time. All meals in a cell, always. What on earth could be more severe than that?
He really deserves no better, and doubtless most adults in this country feel he should be put to death, and perhaps not by lethal injection either (too painless). Seriously though, absent that, would you put this guy near a general population of other violent offenders, and those doing long bids behind bars for their crimes?
I'm not for a death sentence here, but I AM for the harshest penalty available under the existing law. I'm sure that that is 'cushy' enough indeed, for a 12 time killer and a savage offender who injured nearly five dozen others and left behind a trail of evidence all across this community. An unspeakable act, ones which leave behind countless emotional scars that will never go away.
This person has an evilness that can not be explained. Anyone that does this has gone from human to animal and it stands alone. Evil can exist with or without mental illness. This type of crime couldn't be done without the presence of evil.
I do think it is important people understand Schizophrenia. Holmes had the diagnosis, please keep in mind, many people have mental health issues, but do not possess EVIL.
(repost)
Most people are not educated about schizophrenia. 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?" 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.
"Psychiatric help" my ass. He needs life in prison. Like, in a box, 23 hours a day. Every and each day, until he's gone.
Than in twenty or thirty years,if he's still around, we'll see what kind of psychiatric 'help' he needs.
I'd have said the SAME thing to this offender, if I was in those shoes as a victim's father.
Lock him up and forget about him. If this murderous scum wants help, let him or one of his 'people' pay for it. The rest of us will be tending to more important things, like resting assured that where he going to live in the permanent future, he'll have virtually ZERO chance of hurting anybody again- even himself.
You know, like "injustice." Either way you go, they are one and the same.
Injustice + some experiences = other experiences + justice.
think about it...
The judge doesn't seem to care about the suffering of these families.
And....where is the family of Holmes? Do they have anything to say about what this monster has done?
I couldn't care less if his parents are charged with felonies as well.
"Here's your credit card honey, good luck."
The thought of it all makes me sick.