Cameras barred from Aurora shooter court

[pixy0stix]

Centennial, Colo. — Launching a case that legal analysts expect to be dominated by arguments over the defendant's sanity, prosecutors formally charged James Eagan Holmes with 24 counts of murder and 116 counts of attempt murder in the killing of 12 people and wounding 58 others at an Aurora movie theater.

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 the former neuroscience student's 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.

Attorneys also were arguing over a defense motion to find out who leaked information to the news media about a package the 24-year-old Holmes allegedly sent to his psychiatrist at the University of Colorado Denver.

Authorities seized the package July 23, three days after the shooting, after finding it in the mailroom of the medical campus where Holmes studied. Several media outlets reported that it contained a notebook with descriptions of an attack, but Arapahoe County District Attorney Carol Chambers said in court papers that the parcel hadn't been opened by the time the "inaccurate" news reports appeared.

Security was tight for Monday's hearing. Armed officers were stationed on the roof of both buildings at the court complex, and law enforcement vehicles blocked entrances to the buildings.

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

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.

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.

Holmes was not expected to enter pleas on Monday.

He ultimately could verbally enter a plea to the anticipated dozen first-degree murder charges, or his attorneys could enter it for him. Prosecutors may file multiple counts of attempted first-degree murder and other charges against Holmes, who booby trapped his apartment with the intent to kill any officers responding there the night of the theater attack, Aurora police said.

Sam Kamin, a law professor at the University of Denver, said there is "pronounced" evidence that the attack was premeditated, which would seem to make an insanity defense difficult. "But," he said, "the things that we don't know are what this case is going to hinge on, and that's his mental state."

Friends in Southern California, where Holmes grew up, describe him as a smart, sometimes awkward youth fascinated by science. He came to Colorado's competitive neuroscience doctoral program in June 2011. A year later, he dropped out shortly after taking his year-end exam.

Sylvester has tried to tightly control the flow of information about Holmes, placing a gag order on lawyers and law enforcement, sealing the court file and barring the university from releasing public records relating to Holmes' year there. A consortium of media organizations, including The Associated Press, is challenging Sylvester's sealing of the court file.

On Friday, court papers revealed that Holmes was seeing a psychiatrist at the university. But they did not say how long he was seeing Dr. Lynne Fenton and if it was for a mental illness or another problem.

The University of Colorado's website identified Fenton as the medical director of the school's Student Mental Health Services. An online resume listed schizophrenia as one of her research interests and stated that she sees 10 to 15 graduate students a week for medication and psychotherapy, as well as five to 10 patients in her general practice as a psychiatrist.

Authorities said Holmes legally purchased four guns before the attack at Denver-area sporting goods stores — a semiautomatic rifle, a shotgun and two pistols. To buy the guns, Holmes had to pass background checks that can take as little as 20 minutes in Colorado.

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.

Chambers' office announced Monday that Lisa Teesch-Maguire, a former legal director of the Rocky Mountain Victim Law Center, had been appointed a victims' rights advocate in the case.

From The Detroit News: www.detroitnews.com/article/20120730/NATION/207300369#ixzz227wgrnyr

[4speedy]

Can someone explain to me why he was charged with 24 counts of murder if 12 people were killed? What is the strategy behind double charging him?

[batsteph]

Jul 30, 2012 12:24:32 GMT -5 4speedy said:

Can someone explain to me why he was charged with 24 counts of murder if 12 people were killed? What is the strategy behind double charging him?

This Washington Post article explains it:

mobile.washingtonpost.com/c.jsp?item=http%3a%2f%2fwww.washingtonpost.com%2fnational%2fjames-holmes-expected-to-be-charged-monday-in-colorado-massacre%2f2012%2f07%2f30%2fgJQAFCRQKX_mobile.mobile&cid=459&spf=1

Apologies if that link's all wonky; I'm on my phone.

Sent from my ADR6300 using proboards

[ttt]

Jul 30, 2012 14:09:33 GMT -5 batsteph said:

Jul 30, 2012 12:24:32 GMT -5 4speedy said:

Can someone explain to me why he was charged with 24 counts of murder if 12 people were killed? What is the strategy behind double charging him?

This Washington Post article explains it:

mobile.washingtonpost.com/c.jsp?item=http%3a%2f%2fwww.washingtonpost.com%2fnational%2fjames-holmes-expected-to-be-charged-monday-in-colorado-massacre%2f2012%2f07%2f30%2fgJQAFCRQKX_mobile.mobile&cid=459&spf=1

Apologies if that link's all wonky; I'm on my phone.

Sent from my ADR6300 using proboards

The 142 charges include 24 counts of first-degree murder, two for each of the 12 people who were killed as they watched a midnight showing of the latest Batman movie at a theater in Aurora, a Denver suburb, early on July 20. One of each pair of murder counts is for acting with deliberation and intent, the other for displaying “an extreme indifference to the value of human life.”