VERONICA MOSER-SULLIVAN - 6 yo (7/2012)/ Charged: James Holmes - Aurora CO

Long-Awaited Plea Is Near in Colo Theater Shooting

By DAN ELLIOTT Associated Press

CENTENNIAL, Colo. March 11, 2013 (AP)

In the nearly eight months since James Holmes first shuffled into court with vacant eyes and reddish-orange hair, neither he nor his lawyers have said much about how he would plead to charges from the deadly Colorado movie theater shooting.

There have been plenty of hints, however. As his hair turned more natural-looking and his demeanor more even at court hearings, Holmes' lawyers repeatedly raised questions about his mental health, including a recent revelation that he was held in a psychiatric ward for several days last fall, often in restraints, because he was considered a danger to himself.

If, as many expect, they enter a plea of not guilty by reason of insanity on his behalf Tuesday, it will clarify the court battle ahead: Was Holmes, 25, legally insane — unable to tell right from wrong — at the time of the shootings?

Pleading insanity could be the only way he can avoid life in prison or execution, given the evidence that has emerged so far, some legal experts said.

Prosecutors laid out a case that Holmes methodically planned the shooting for months, amassing an arsenal and elaborately booby-trapping his apartment to kill anyone who tried to enter. On the night of the attack, they say, he donned a police-style helmet, gas mask and body armor, tossed a gas canister into the seats and then opened fire.

The attack killed 12 people and injured 70 others.

"This is not a whodunit," criminal defense attorney Dan Recht said in January. He is not involved in the case.

Holmes is charged with 166 counts, mostly murder and attempted murder, in the July 20 assault on moviegoers at a midnight showing of "The Dark Knight Rises" in Aurora, a Denver suburb.

If a jury agrees he was insane, he would be committed indefinitely to a state mental hospital. There would be a remote and unlikely chance he could be freed one day if doctors find his sanity has been restored.

The plea carries risk, however. Prosecutors would gain access to Holmes' mental health records, which could help their case if the evidence of insanity is weak. If Holmes does plead insanity, the proceedings would be prolonged further while he is evaluated by state mental health officials.

"You heard the evidence they have. There is no doubt that he knew what he was doing was wrong, there's no doubt it was premeditated," said Tom Teves of Phoenix, whose 24-year-old son, Alex, died in the theater while shielding his girlfriend. "There's no doubt he did it. Zero. So why are we playing a lot of games?"

Holmes could also plead innocent — not by reason of insanity — which would significantly change the court fight. Prosecutors would not have those medical records, but Holmes could be convicted outright, with a possible life term or death.

No matter how Holmes pleads, he could still be convicted and sentenced to execution or life in prison without parole. Prosecutors have 60 days after the plea to say whether they will seek the death penalty.

The hard-fought case has already taken some surprise turns, and Tuesday's hearing could offer another unforeseen twist, including the remote possibility the two sides, ordered by the judge to not speak publicly about the case, have reached a plea agreement.

The case could also veer in other directions:

— Holmes could be ordered to undergo an evaluation to determine whether he is mentally competent to stand trial — able to understand what is going on in court and to help his lawyers. If he is found incompetent, the case would come to a halt and he would undergo treatment at the state mental hospital indefinitely, until doctors there say his competency has been restored.

— Holmes could plead guilty, but that appeared unlikely, given his attorneys' vigorous defense, unless prosecutors offered a plea deal sparing him the death penalty or offering another concession.

— Some unforeseen issue raised by attorneys could delay the case, or Holmes could be absent, as he was at a November court date that corresponds roughly with the time he was taken to Denver Health Medical Center's psychiatric ward.
Since his arrest outside the theater, his attorneys have aggressively challenged prosecutors, investigators and even the constitutionality of Colorado law nearly every step of the way.

Just this month, they asked the presiding judge, William Sylvester, to rule parts of the state insanity law unconstitutional, arguing it raised too many questions for them to give Holmes effective advice. Sylvester refused.

"This is going to take some time. You know, I remind myself that they got the guy, he's not going anywhere," said Tom Sullivan, whose 27-year-old son, Alex, died on his birthday at the movie theater. "I don't know what kind of shape he's in right now, but you assume it's not a pleasant experience what's going on right now."
http://abcnews.go.com/US/wireStory/judge-oks-medication-colorado-shooting-suspect-18703948

Like I said before, he's not insane. He planned this in fine detail. He had extra ammo, reloaded and kept firing. He was cold blooded not insane. William

Judge enters plea of not guilty for accused Colorado movie gunman, sets August trial
By Erin McClam, Staff Writer, NBC News

A judge entered a plea of not guilty Tuesday for James Holmes, the man accused of massacring 12 people at a Batman movie last summer, and scheduled a one-month trial beginning in August.

Judge William Sylvester of Colorado circuit court entered the plea after lawyers for Holmes said they were not ready to plead. The judge left the door open for lawyers to mount an insanity defense later.

Holmes walked into the courtroom in Centennial, Colo., and locked eyes with his parents, who were sitting in the second row of the courtroom. He did not show any emotion.

The judge set an Aug. 5 trial date. Prosecutors will announce by April 1 whether they will seek the death penalty.
The judge ruled Monday that Holmes must waive medical confidentiality and agree to be drugged for a psychiatric exam if he wants to claim that he is not guilty by reason of insanity. His lawyers had claimed that those provisions violated his constitutional rights.

Sylvester ruled that Holmes would have to turn over the names, addresses and medical reports of any doctor or psychologist who has treated him for a psychiatric condition.

The defense claimed in papers revealed last week that Holmes was hospitalized for several days last fall and required restraints.

Twelve people were killed and 70 injured in the July 20, 2012, shooting rampage at a midnight screening of the movie “The Dark Knight Rises” in Aurora, Colo. Holmes surrendered to police within minutes of the attack.

At his first court appearances, Holmes had reddish-orange hair and a blank stare. At subsequent hearings, his hair has been more natural-looking and his demeanor more stable. He appeared Tuesday with a bushy beard.

Colorado lawmakers on Monday advanced a package of legislation aimed at reducing gun violence in the state.

http://usnews.nbcnews.com/_news/2013/03/12/17283366-judge-enters-plea-of-not-guilty-for-accused-colorado-movie-gunman-sets-august-trial?lite

CBS/AP/ March 27, 2013, 7:42 PM
Colo. theater shooting suspect offers guilty plea

Colorado theater shooting suspect James Holmes has offered to plead guilty and serve the rest of his life in prison to avoid the death penalty — a deal that would bring a swift end to the sometimes wrenching courtroom battle and circumvent a prolonged debate over his sanity.

Prosecutors haven't said whether they would accept the offer, and victims and survivors of last summer's massacre were divided on what should be done.

Melisa Cowden, whose ex-husband was killed in the theater, said Wednesday she was resolutely opposed to a plea deal.

"He didn't give 12 people the chance to plea bargain and say, `Let's see if you're going to shoot me or not,"' said Cowden, whose two teenage daughters were with their father when he was killed.

"No. No plea bargain," she said.

The attack during a crowded midnight showing of "The Dark Knight Rises" left a dozen people dead and 70 injured.

Last summer, Colorado prosecutors filed 24 counts of murder charges against Holmes. For each victim who died in the rampage, Holmes 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.

Prosecutors have said Holmes planned the assault for months, casing the theater complex in the Denver suburb of Aurora, amassing a small arsenal and rigging potentially deadly booby-traps in his apartment.

Then on July 20, he donned a police-style helmet and body armor, tossed a gas canister into the theater crowd and opened fire, prosecutors said.

The plea offer, made by Holmes' lawyers on his behalf sometime before March 12, was disclosed a defense court filing on Wednesday. It was made public just days before the prosecution was set to announce whether they would seek the death penalty.

The filing didn't include the specifics of the offer. It said only that Holmes would agree to life in prison without parole — instead of the death penalty — and didn't mention any other concessions.
Pierce O'Farrill, who was shot three times, said he would welcome an agreement that would imprison Holmes for life. The years of court struggles ahead would likely be emotionally stressful for victims, he said.

"I don't see his death bringing me peace," O'Farrill said. "To me, my prayer for him was that he would spend the rest of his life in prison and hopefully, in all those years he has left, he could find God and ask for forgiveness himself."

Tom Sullivan, whose son Alex was killed, said he has wanted prosecutors to pursue the death penalty. But he said he wouldn't object to a plea agreement if it avoided a lengthy court battle — and if Holmes got no privileges in prison.
"That was kind of a sore point with us," he said, referring to privileges such as outside exercise or listening to music. "We didn't think this kind of person should have any kind of privileges except the bare essentials."

Holmes, a former graduate student at the University of Colorado, Denver, had seen a psychiatrist at the school before the shootings.

His lawyers have said he was taken to a hospital psychiatric ward in November because he was considered a threat to himself. Holmes was held there for several days and spent much of the time in restraints.

In their court filing, Holmes' lawyers again said they were exploring a plea of not guilty by reason of insanity and would mount a vigorous defense if prosecutors rejected the plea offer and the case goes to trial.

Holmes was widely expected to enter an insanity plea at his arraignment on March 12, but his attorneys told District Judge William Sylvester they had too many questions about the constitutionality of Colorado's death penalty and insanity statutes to advise Holmes on how to plead.

Sylvester then entered a plea of not guilty on Holmes' behalf but said he could change it later to insanity if he chose.

The judge scheduled the trial to start Aug. 5, setting aside four weeks.

Doug Wilson, who heads the state public defenders' office, told The Associated Press Wednesday that prosecutors haven't responded to the offer. He didn't know whether prosecutors had relayed the offer with any victims as required by state law.

Prosecutors declined to comment on Wednesday.
Dan Recht, a past president of the Colorado Criminal Defense Bar, said prosecutors likely started talking to victims long ago

"The defense, by making this public pleading, is reaching out to the victims' families," Recht said.

Also Wednesday, Sylvester denied a request from New York-based Fox News reporter Jana Winter to delay a Monday hearing where she has been ordered to testify about her sources for a story about Holmes.

Winter cited unnamed law enforcement officials saying Holmes sent drawings that foreshadowed the attack to a psychiatrist. Holmes' lawyers contend that whoever spoke to Winter violated a gag order.

http://www.cbsnews.com/8301-201_162-57576651/colo-theater-shooting-suspect-offers-guilty-plea/

He's tried all kinds of delay crap. I figured this was coming. He tries to plead out to escape the death penalty. He should pay with his life. William

I hope they don't take his plea.

His victims sure didn't have any chance to save their lives.

The biggest animals are the worst whiners. He's not man enough to take his punishment like a man, because he's not a man, he's subhuman.

Prosecutors will seek death penalty for James Holmes

Posted on: 9:14 am, April 1, 2013, by Web Staff, updated on: 09:31am, April 1, 2013
DENVER — Prosecutors will seek the death penalty for accused Aurora theater shooter James Holmes, it was announced Monday.

“We have determined that in the case against James Eagen Holmes, justice is death,” 18th Judicial District Attorney George Brauchler told the court.

Their decision comes less than a week after defense attorneys filed documents saying Holmes had offered to plead guilty and spend the rest of his life behind bars in exchange for avoiding the death penalty.

FOX31 has learned that Judge William Sylvester will recuse himself from the death penalty trial and Judge Carlos Samour Jr. will step in. Sylvester said his role as Arpahoe County district judge is too demanding to take on what will surely be a time-consuming new trial.

Prosecutors took the defense to task for publicly offering it, saying they hadn’t been given enough information to even consider such a deal.

“Not only improper, but grossly improper,” prosecutors said in a Thursday court filing. “For the intended purpose of generating predictable publicity.”

Holmes faces 166 counts of murder and attempted murder for last year’s shooting at an Aurora movie theater that left 12 people dead and 58 wounded.

Attorneys on both sides are under a gag order, leaving case watchers to divine tactics from court documents.

“Prior to arraignment, Mr. Holmes made an offer to the prosecution to resolve this case by pleading guilty and spending the rest of his life in prison, without any opportunity for parole,” the documents filed by the defense team read.

Last month, a judge entered a standard plea of not guilty for Holmes, who is accused in the July 20 shooting.

In the documents filed Wednesday, his attorneys said they were still exploring a mental health defense, “and counsel will vigorously present and argue any and all appropriate defenses at a trial or sentencing proceeding, as necessary.”

Federal agents have said the former University of Colorado doctoral student planned the attack for months.

Authorities say Holmes booby-trapped his apartment with explosives, then traveled to the movie theater armed with the weapons, tear gas and body armor planning to kill audience members during a screening of “The Dark Knight Rises.”

Authorities said the gunman roamed the theater, shooting randomly as people tried to scramble away or cowered between seats.

http://kdvr.com/2013/04/01/prosecutors-will-seek-death-penalty-for-james-homes/

Maybe little Veronica will get absolute justice. William

I am so glad they didn't give the monster a plea. He has a nerve, squirming to save his own life after what he did.

Too bad he has to have a trial. If ever a death penalty was called for this mass murderer of 12 needs to receive it. Quickly, not after years of appeals.

Documents unsealed in Aurora theater shooting case
Posted on: 4:31 pm, April 4, 2013, by Web Staff

DENVER – A slew of previously sealed documents in the case against suspected Aurora theater shooter James Holmes was ordered released to the public late Thursday.

Numerous media outlets (including FOX31 Denver) petitioned for the documents. Judge Carlos Samour Jr. decided to release the records which were originally sealed by Chief Judge William Sylvester just days after the July 20 shooting. Sylvester has since stepped down from the case.

Prosecutors and Holmes’ own defense attorneys had asked that the documents remain sealed, but Samour wrote in a ruling that “the defendant’s interest in keeping the affidavits and records warrants sealed are outweighed by the First Amendment rights of media petitioners and the public in having those documents released.”

The documents include arrest affidavits, search warrants, eyewitness testimony and records from the case. They detail how two Aurora police officers arrested Holmes after the shooting rampage at the Aurora Century 16 Theater, the items they found on him as well as the explosives he allegedly planted in his apartment.

They also list evidence collected in the case including a Fandango movie receipt, a Batman mask, index cards with chemical formulas written on them and a supply list. Police also found anti-anxiety pills including clonazepam and the antidepressant sertraline, the generic version of the antidepressant Zoloft.

Much of the information in the documents was made public during testimony by Aurora police officers and witnesses to the shooting at a preliminary hearing for Holmes in early January. The hearing was when Sylvester determined Holmes should stand trial for the shooting.

Holmes is charged with a total of 166 counts of murder, attempted murder and other charges. Twelve people were killed, 58 were wounded and 12 others were hurt during the shooting.

Authorities say he booby-trapped his apartment with explosives, then traveled to the movie theater armed with four weapons, tear gas and body armor planning to kill audience members during a screening of “Batman: The Dark Knight Rises.”

Witnesses said the gunman roamed the theater, shooting randomly as people tried to scramble away or cowered between seats.

Prosecutors have said they will seek the death penalty against Holmes.

Psychologist warned CU police about Holmes including threats to herself

One new detail in the newly released documents came from an affidavit that accompanied a request to search Holmes’ Gmail account.

Holmes was a graduate student at CU’s Anschutz medical campus in Aurora where he studied neuroscience. Holmes dropped out in June, about a month before the theater shooting.

According to the affidavit, University of Colorado Police Officer Lynn Whitten told Aurora police that he had received a report on June 12 from Dr. Lynn Fenton, a psychologist at CU who had been treating Holmes.

“Fenton described James E. Holmes as having Homicidal thoughts and also stated that James E. Holmes had threatened and harassed her via e-mail/text messages,” the affidavit said.

Whitten said that she immediately deactivated Holmes student I.D., which he would use to enter locked campus buildings.

Fenton declined to place a psychiatric hold on Holmes because he was soon due to leave the university after failing oral exams on June 7.

The documents also describe the notebook Holmes mailed to Fenton at her CU office the day before the shooting. According to a report by FOX News, the notebook is alleged to have detailed plans about the shooting.
Holmes had assault rifles, body armor, gas mask when arrested

According to an affidavit filed with a warrant to search Holmes’ Aurora home, police officers Jason Sweeney and Jason Oviatt were among the first to arrive at the theater around 12:40 a.m. and saw “numerous people fleeting the theater.”

They saw a white Hyundai with a man, later identified as Holmes, standing nearby wearing “ballistic protection, including a ballistics helmet and gas mask,” Detective Mark Yacano wrote in the affidavit.

Sweeney said he initially thought the man was a police officer, but noticed the gas mask was an older version that was no longer used by police. Both officers told Holmes to raise his hands and surrender.

As the officers arrested Holmes, he told them he was working alone and “that there were bombs inside his apartment and they would go off if the wires were tripped,” the affidavit said.

Sweeney said he saw a “black semi-auto pistol with a green laser sight on the roof” of Holmes’ Hyundai. Officers searched Holmes and found a pair of black military style boots, a black coat, black body armor, a black ballistic helmet, a gas mask, a magazine carrier with nine magazines containing live rounds, a magazine for a pistol and a green colored plastic doorstop.”

Police also found a silver cell phone and a black assault type rifle near the back door to the building. Sweeney also saw “a great deal of blood on the sidewalk outside the door as numerous victims exited the theater through this door,” the affidavit said.

Inside the theater, police found more guns, which had been allegedly left behind by Holmes.

Holmes was taken to police headquarters where he was advised of his Miranda rights. Holmes was briefly questioned by police, but then asked for an attorney. The documents do not detail what he said.

http://kdvr.com/2013/04/04/documents-ordered-unsealed-in-aurora-theater-murder-case/

"Twelve people were killed", I'm actually getting irritated about this statement. It should be "Thirteen people were killed, including one 6 year old girl and one unborn child". They don't even mention little Veronica any more. Just a number of people. It's more heinous to kill a child and unborn child. I really hope he gets the death penalty. William

This evil, whiny monster wants to live. So did his victims. He needs to be put to death without decades of appeals. He needs to die, the sooner the better.

James Holmes to Plead Not Guilty by Reason of Insanity
By CLAYTON SANDELL and CAROL McKINLEY:

The man accused of a murderous rampage inside a crowded Aurora, Colo., movie theater last summer has signaled he will pursue an insanity defense.

“Mr. Holmes intends to tender a plea of not guilty by reason of insanity,” said attorneys for James Holmes in a court document filed today.

Holmes is accused of opening fire last July 20 during a midnight screening of “The Dark Knight Rises” Batman movie, killing 12 people and injuring another 58 moviegoers. He faces a total of 166 counts, including murder and attempted murder.

Holmes is expected to enter the new plea at a hearing scheduled for May 13, the court document said. A judge had previously entered a “not guilty” plea on Holmes’ behalf.

Late Tuesday, the judge overseeing the case filed an order saying that Holmes and his legal team will have to establish “good cause” to permit an insanity plea now that the arraignment has passed.

“After the Court determines whether ‘good cause’ exists, it will decide how to proceed,” Judge Carlos Samour wrote.

Former Adams County, Colo., District Attorney Bob Grant said he believes the judge will allow Holmes to change his plea.

“He won’t disallow the entrance of the plea,” Grant said.

In April, prosecutors announced they would seek the death penalty.

The decision to pursue an insanity defense was expected. Defense attorneys have repeatedly said in court hearings that they believe Holmes is mentally ill.

Once Holmes enters a plea of not guilty by reason of insanity, he will have to undergo a mental health evaluation conducted by Colorado state psychiatrists.

How that will affect the start of trial, scheduled for February 2014, is not clear.

“The process may take a long time,” said Karen Steinhauser, a former Colorado prosecutor turned defense attorney.

An insanity plea also means the confidentiality privilege between a University of Colorado psychiatrist who was treating Holmes before the shooting will be waived.

That would give prosecutors access to whatever Holmes wrote in a notebook he mailed to Dr. Lynne Fenton that was intercepted by police.

Information in the notebook “may assist in determining what methods of planning were involved to carry out this crime,” Aurora Police Sgt. Matthew Fyles wrote in an affidavit.

In September, prosecutors dropped their fight for the notebook, figuring they would get access to it anyway once Holmes decided to pursue an insanity defense.

Families of the victims and people injured in the shooting who have observed Holmes in court say they do not believe he is insane.

“He planned it out, disguised himself and planted bombs which were waiting for the police,” former prosecutor Grant told ABC News. “He knew what he was doing.”

Denver defense attorney Larry Pozner said he believes Holmes will eventually face trial.

“I think we’re about to waste millions of dollars of taxpayer money,” Pozner said. “He offered to plead guilty and go to jail for the rest of his life. Does anybody think he was in his right mind that night?”

http://abcnews.go.com/blogs/headlines/2013/05/james-holmes-to-plead-not-guilty-by-reason-of-insanity/

It does figure. But I don't care what others say, he's not insane. His actions proof that. An insane person does not plan in detail the things he did. He should pay with his life. William

James Holmes yawns and smirks his way through hearing as judge accepts his insanity plea for Colorado theater massacre

A judge has accepted James Holmes' plea of not guilty by reason of insanity - as the Colorado theater shooting suspect smirked and yawned his way through the hearing.

Holmes, who allegedly killed 12 theater goers and injured 70 more as they watched The Dark Knight Rises last July, looked indifferent as he followed the ground rules of the plea in court on Tuesday.

After Judge Carlos Samour Jr. read through the 18 points and asked Holmes if he had any questions, Holmes answered 'no' in a clear, firm voice.

Samour then accepted the plea, setting the stage for a lengthy mental evaluation of Holmes.

The judge also determined prosecutors can have access to a notebook that Holmes sent to a psychiatrist filled with violent drawings before last summer's rampage.

Holmes is charged with multiple counts of murder and attempted murder following the shootings in Aurora last summer, and prosecutors are seeking the death penalty.

The insanity plea is widely seen as Holmes' best chance of avoiding execution, and possibly his only chance, given the weight of the evidence against him.

Holmes' lawyers repeatedly have said he is mentally ill, but they delayed the insanity plea while arguing state laws were unconstitutional. They said the laws could hobble the defense if Holmes' case should ever reach the phase where the jury decides if he should be executed.

The judge rejected that argument last week.

On Tuesday, Samour ordered Holmes to undergo a mental evaluation at the state hospital in Pueblo, as soon as the hospital is ready to conduct it.

But evaluators want to review the 40,000 pages of evidence in the case first, so it's unclear when it will happen. Samour set a tentative deadline of August 2 for Holmes' evaluation.

Colorado law defines insanity as the inability to distinguish right from wrong caused by a diseased or defective mind.

If jurors find Holmes not guilty by reason of insanity, he would be committed indefinitely to the state mental hospital. He could eventually be released if doctors find his sanity has been restored, but that is considered unlikely.

If jurors convict him, the next step is the penalty phase, during which both sides call witnesses to testify about factors that could affect why Holmes should or shouldn't be executed.

The jury would then decide whether Holmes should be executed or sentenced to life in prison without possibility of parole.

If jurors impose the death penalty, it would trigger court appeals and open other possibilities that would take years to resolve.

The hearing came as the court released dozens of pretrial motions filed by defense attorneys challenging the admissibility of ballistics, handwriting and mountains of other evidence.

The motions challenge the search and seizure of computers, a pistol from Holmes' car outside the theater, evidence taken from Holmes' booby-trapped apartment, emails and other items.

The motions also indicate the prosecution has as many as 3,000 witnesses, including FBI and Aurora officials, and demands that prosecutors hand over as many as 2,000 pieces of physical evidence.

They also signaled that Holmes will seek a change of venue because of pretrial publicity.

Lawyers also argued about whether prosecutors should have access to a notebook Holmes sent to psychiatrist Lynne Fenton. Media reports have said the notebook contains violent drawings.

Defense lawyers argued Fenton never received the notebook so prosecutors shouldn't have access to it; prosecutors say police would like to do unspecified 'additional processing' on the notebook.

Samour ordered the notebook to be turned over next week.

Hundreds of people were watching a midnight showing of The Dark Knight Rises at the Aurora theater July 20 when the shooting occurred.

The dead included a Navy veteran who threw himself in front of his friends to shield them, an aspiring sports journalist who had survived a mall shooting just two months earlier, and a six-year-old girl.

Prosecutors say Holmes spent months buying weapons, ammunition and materials for explosives and scouted the theater in advance. He donned police-style body armor, tossed a gas canister into the seats and opened fire, they say.


Victims: Six-year-old Veronica Moser, left, and 18-year-old AJ Boik, right, a popular musician and art student, were among the 12 people who lost their lives in the shooting last July

http://www.dailymail.co.uk/news/article-2335861/James-Holmes-yawns-smirks-way-hearing-judge-accepts-insanity-plea-Colorado-theater-massacre.html

I left a few pictures out. I just don't want to see his face again. He sat there with a smirk on his lips. He's not insane, he just wants to get off. William

The murdering bastard thinks he'll get away with it.

In Florida the only test for whether or not you are legally insane is, do you know the difference between right and wrong. This POS obviously does. He's proud of all the pain he has caused and will continue to cause.

One good thing about this is he can't object to certain testing.
They can give him truth drugs, lie detector test and much more.
The "notebook" that was not available is now.
So for some things it's better. We will see in time whether it works in his behave or ours.
William

Colorado theater shooting trial postponed indefinitely
By Daniella Silva and Kevin Watters, NBC News

Andy Cross/Pool / Reuters
James Holmes and his defense attorney Daniel King (R) sit in court for an advisement hearing at the Arapahoe County Justice Center in Centennial, Colorado in this June 4, 2013 file photo. Police did not allow the accused theater gunman access to lawyers for 13 hours after he asked for legal counsel following his arrest, and ignored demands by his lawyers that he not be interrogated, defense attorneys said on October 18, 2013.

The judge in the Colorado movie theater shootings case postponed the trial of James Holmes indefinitely on Thursday.

District Judge Carlos Samour ordered the delay as attorneys on both sides debated whether the suspected shooter should undergo another psychiatric evaluation.

Holmes' trial had been set to begin with jury selection on Feb. 3.

The 25-year-old faces charges of killing 12 people and wounding 70 others during the 2012 attack at a movie theater in Aurora, Colo. during a premiere of the film “The Dark Knight.”

His attorneys have not disputed that he committed the shootings but have entered plea of not guilty by reason of insanity. Prosecutors are seeking the death penalty.

Throughout a roughly 40-minute hearing on Thursday, Holmes appeared expressionless as he sat in shackles and in a red prison jumpsuit and grown-in beard. He did not interact with his defense team or the bailiffs.

Prosecutors are challenging at least one of three aspects in the states’ first mental health evaluation and are seeking another examination. The findings of the evaluation have not been publically disclosed but the fact that prosecutors want further evaluation suggests the first exam might have found Holmes was insane.

If Holmes were found by jurors to have been insane at the time of the shooting, he would be committed to state hospital instead of prison. As such, the findings of any psychiatric evaluations are crucial to the case.

Judge Samour set future hearings on further testing and other pre-trial issues for Dec. 17 and 18.

A hearing scheduled for Nov. 22 and a capitol motions hearings scheduled from Dec. 2 to Dec. 20 have been cancelled, but in the course of discussion today, the judge indicated he hoped that the trial could start as early as April.

http://usnews.nbcnews.com/_news/2013/11/21/21565032-colorado-theater-shooting-trial-postponed-indefinitely?lite

Not good news.  No matter what anyone says your not insane when you plan in detail like he did.  Will Veronica ever get justice?  William

Or maybe Will, anyone who can brutally kill a baby, keep children shackled and starving or randomly shoot in a theater full of strangers must be insane (sane, "normal" folks couldn't kill like this) and because they are such a danger to society anyone who claims insanity should never, ever, ever be allowed out of prison. Because of their propensity to violence there should be mandatory prison (or worse) - then we'd see how many "insanity" pleas people would come up with.

People need to stop blaming others for their own problems. If your life is mess killing someone isn't going to solve the issue-pull yourself up by your bootstraps and try harder (personally I prefer prayer). Our present society encourages the blame-game and thus encourages, imho, the rampant murders we are seeing now.

He was sane enough to ask for an attorney immediately.

When someone is this blatently guilty LE should do everything in their power to obey all the rules and laws regarding the POS criminal so he has nothing to whine about and there is no risk of him being let go on a technicality.

He knew right from wrong, that's sane as far as a defense.

I don't really care if he's crazy as a loon (he obviously is) he needs to receive the maximum penalty in Colorado whether it be LWOP or death .

Judge sets still-fluid Oct. 14 trial date for James Holmes

Posted on: 9:59 am, February 27, 2014
updated on: 10:36am, February 27, 2014
by Will C. Holden

ARAPAHOE COUNTY, Colo. — A judge set a new Oct. 14 trial date Thursday morning for James Holmes in the Aurora theater shooting case. However, there is a chance that date may be changed yet again.

When the case finally does go to trial, prosecutors will be seeking the death penalty. Holmes appears set to plead insanity.

This new trial date was ordered after a series of other dates were set and then abandoned. The first trial date was set in August 2013, but was pushed back to February 2014 after prosecutors announced they would be seeking the death penalty.

That February date was then taken off the table when prosecutors requested a second mental health evaluation of Holmes. That request was granted last week by Judge Carlos A. Samour, who ruled that earlier mental evaluations of Holmes were “incomplete and inadequate.”

Samour gave the state until July 11 to complete Holmes’ next mental health evaluation. Holmes’ defense is expected to fight Samour’s order for a new sanity evaluation, however, which could cause the official trial date to be amended yet again.

http://kdvr.com/2014/02/27/judge-sets-oct-14-trial-date-for-james-holmes/

Holmes judge sets up jury's death penalty process

Associated Press, news source
9:17 p.m. EDT March 14, 2014

DENVER (AP) - The judge overseeing the Colorado theater shootings case says jurors will have up to three separate deliberations on whether defendant James Holmes should be executed if they convict him of murder.

In a ruling Friday, the judge said he plans to have the jury work through the requirements of Colorado's death penalty law step by step before moving to the final question of whether Holmes should live or die.

The process could end at any step with a life sentence unless prosecutors convince jurors that the requirements for execution have been met.

Holmes pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 in the 2012 attack on a suburban Denver movie theater. Prosecutors are seeking the death penalty.

His trial is scheduled for October.

http://www.9news.com/story/news/local/2014/03/14/holmes-judge-sets-up-jurys-death-penalty-process/6440369/

ladibug wrote:Or maybe Will, anyone who can brutally kill a baby, keep children shackled and starving or randomly shoot in a theater full of strangers must be insane (sane, "normal" folks couldn't kill like this) and because they are such a danger to society anyone who claims insanity should never, ever, ever be allowed out of prison. Because of their propensity to violence there should be mandatory prison (or worse) - then we'd see how many "insanity" pleas people would come up with.

People need to stop blaming others for their own problems.  If your life is mess killing someone isn't going to solve the issue-pull yourself up by your bootstraps and try harder (personally I prefer prayer). Our present society encourages the blame-game and thus encourages, imho, the rampant murders we are seeing now.

Then they beg for mercy, spend decades on appeals and whine like babies.

They're always sorry... yeah, sorry they got caught.

Further testing delays James Holmes’ movie theater shooting trial

POSTED 9:50 PM, JULY 9, 2014,
BY CNN WIRE

(CNN) — The trial of James Holmes, accused in the mass shooting at an Aurora, Colorado, movie theater, has been delayed again.

The trial was scheduled to begin in October, but a psychiatrist conducting a second sanity examination on Holmes asked for more time to complete the examination, according to a judge’s order from Arapahoe County District Court made public Wednesday.

Judge Carlos Samour said he had “little choice but to grant the examiner’s request” despite the fact many victims would be opposed to the delay.

The examination was originally set to be completed by August 15, but the deadline was extended until October 15, according to the order. A new trial date is set to be scheduled at a July 22 hearing.

Holmes is accused of opening fire inside a packed movie theater during a midnight showing of Batman film “The Dark Knight Rises” in July 2012, killing 12 people.

He has pleaded not guilty by reason of insanity to the 166 charges he faces in connection with the rampage.

The attacker threw tear gas canisters into the theater then started shooting, according to witnesses. Police said he used several weapons, including an AR-15 rifle, before fleeing the theater.

Holmes was taken into custody outside the theater, where authorities said he identified himself to police as “The Joker,” one of Batman’s archenemies.

This is the third time the trial has been delayed. It was originally set to begin in August 2013 but was pushed back to February. That date was then delayed until October, which has now been postponed.

Holmes’ attorneys argued in a motion filed last year that their client “suffers from severe mental illness and was in the throes of a psychotic episode when he committed acts that resulted in the tragic loss of life.”

http://wtvr.com/2014/07/09/further-testing-delays-james-holmes-movie-theater-shooting-trial/

James Holmes, Colorado shooting trial update: Judge sets new Dec. 8 trial date for James Holmes

Associated Press
4:00 PM, Jul 17, 2014
4:09 PM, Jul 17, 2014

DENVER - Defendant James Holmes had been scheduled go on trial in October, but District Judge Carlos A. Samour Jr. ordered a delay because a doctor requested more time to complete Holmes' second sanity evaluation.

Samour announced the new date Wednesday.

Separately, Samour ordered prosecutors to clarify a statement they made to victims, saying it could be misinterpreted as telling them there was no need to speak to defense lawyers, even if they had something to tell them.

Holmes, 26, a former graduate student in neuroscience, pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 in the July 20, 2012, attack.

Holmes' lawyers acknowledge he was the shooter but argue he was in the grips of a psychotic episode.

Prosecutors are seeking the death penalty.

More than 400 people were watching a midnight showing of "The Dark Knight Rises" in the theater in the Denver suburb of Aurora at the time.

Holmes underwent a mandatory sanity evaluation last year. The key findings haven't been released, but prosecutors charged that the doctor who conducted it was biased.

After a closed-door hearing in January, Samour concluded that the first evaluation was flawed and ordered a new one.

This is Holmes' fourth trial date. The first date, in August 2013, was canceled after prosecutors said they would seek the death penalty, raising numerous issues that had to be resolved before trial. The second, in February of this year, was scratched after prosecutors asked for the second sanity evaluation.

The third was Oct. 14, which the judge vacated last week after the doctor requested an extension.

Samour ordered the Arapahoe County District Attorney's Office to clarify a May 8 email that one prosecutor sent to victims, telling them they could express their opinions through the DA's office as well as -- or better than -- they could by speaking to the defense.

The judge rejected defense attorneys' allegation that this was improper interference by prosecutors, but he said the email should have been worded better and must be clarified.

Prosecutors wanted Samour to punish prosecutors by ruling out the death penalty, prohibiting victims from testifying at the punishment phase of the trial if Holmes is convicted or by disqualifying the Arapahoe County DA's office from the case.

Samour also rejected a defense request to see all the emails and letters prosecutors sent to victims.

In a letter to Samour released Thursday, the doctor who will conduct the second evaluation said he wants to videotape the examination because it will provide a more accurate and thorough record than handwritten notes.

The doctor, whose name has not been released, also said the videotape could be destroyed after his report is complete.

Holmes' lawyers don't want the doctor to videotape the examination, arguing state law doesn't authorize it and that it could "interfere with the integrity" of the exam.

http://www.abc15.com/news/national/james-holmes-colorado-shooting-trial-update-judge-sets-new-dec-8-trial-date-for-james-holmes

Colorado Theater Attack Lawyers Argue Fingerprints

CENTENNIAL, Colo. — Aug 25, 2014, 5:46 PM ET
By BY DAN ELLIOTT Associated Press

Crime analysts testified Monday about how they matched fingerprint evidence in the Colorado theater shooting investigation but provided little new information about the 2012 massacre that left 12 people dead and 70 wounded.

The primary purpose of the pretrial hearing was to determine whether testimony about fingerprint comparison should be allowed at the trial of James Holmes, who is charged with multiple counts of murder and attempted murder.

Fingerprints are not expected to play a major role in the trial, scheduled to start Dec. 8, but defense attorneys appear to be trying to weaken any aspect of the prosecution case.

Holmes' attorneys have acknowledged he was the shooter but say he was in the midst of a psychotic episode at the time. He pleaded not guilty by reason of insanity. Prosecutors are seeking the death penalty.

FBI analyst Stacy Furman testified she matched Holmes' fingerprints 121 times on evidence taken from his apartment, including on a gun manual.

Sandra Wiese, an analyst for the police in the Denver suburb of Aurora, where the shootings took place, said she identified some of the victims through fingerprints and checked other prints found in the theater.

Prosecutors asked them about a few specific prints and projected some on a TV screen. The images were meant to illustrate the comparison process, and there was no indication the prints shown would be part of the trial. Except for the fingerprint on the manual, the witnesses did not say where the prints were found.

Defense lawyers questioned the reliability of fingerprint comparison and repeatedly asked about the lack of mandatory nationwide standards for training.

Judge Carlos A. Samour Jr. did not say when he would rule.

Before the hearing, Samour rejected a defense effort to gain unspecified University of Colorado records for a potential trial witness. The nature of the records and the identity of the witness haven't been released.

Holmes was a student in a doctoral neuroscience program at the University of Colorado, Denver but dropped out before the shootings.

http://abcnews.go.com/US/wireStory/fingerprint-evidence-mulled-james-holmes-case-25112328