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JBean
07-27-2012, 12:57 AM
wew can re-openthis thread for each court appearance

JBean
07-27-2012, 11:32 PM
*Official Documents w/ Links* - Websleuths Crime Sleuthing Community

February
07-29-2012, 03:42 AM
In Little Rock, Saturday, the annual conference for the Arkansas Psychiatric Society was held on the UAMS campus.

Dr. Bowen White, M.D. was one of the featured speakers of the day. His topic "Why Normal Isn't Healthy" is also the name of his book.

As psychiatrists evaluate, study and diagnose, even they find some peoples' actions difficult to explain.
Dr. Raymond Molden, president of the Arkansas Psychiatry Society is a forensic psychiatrist--and part of his job is to evaluate criminals to see if a mental illness or defect contributed to their crime.

"One thing to keep in mind is that just having mental illness doesn't make you at any higher risk than general population to become violent. So MOST violence is not done by somebody who is mentally ill." says Molden.

Regarding the recent shooting in Aurora, CO, Molden says the suspect's demeanor in the courtroom does show some signs of instability. He says many times there are very few ways to know that a person is struggling inside, until they lash out verbally or physically ...

There are a few things everyone can be aware of:

changes in behaviors
outgoing person becomes withdrawn
performance at work suddenly slipping
turning to drugs or alcohol
Molden says, "It's those times where we take for granted the changes we see in people that could be warning signs about whether or not they're having problems...the biggest predictor of future violence is past violence."
Still sometimes we may never know what is going on---in that mind of theirs.

Molden says, "It's one of those things where we're very early in the process of understanding. So it'd be mostly guessing right now-- you know--about was this guy mentally ill or not? To get into the mind of a killer is often, you know, uhmm, a lengthy process."

http://www.todaysthv.com/news/article/220145/2/Psychiatrist-Society-Conference-in-Little-Rock

21merc7
07-30-2012, 06:30 AM
Aurora theater suspect in court Monday morning

Robinson expects 12, first-degree murder charges. He expects 12 charges of extreme indifference homicide, for shooting into a crowded theater. Robinson also said he expects at least 58 charges of attempted murder. He added that several charges of first and second degree assault are also likely.

First degree murder convictions aside, Robinson says if convicted of all 58 attempted murder charges and first degree assault charges, the suspect could be sentenced to more than 4,600 years in prison.

more at link, including video:

http://www.9news.com/news/article/280357/339/Aurora-theater-suspect-in-court-Monday

What'sThatClue
07-30-2012, 08:03 AM
Anyone know what time? I skimmed over the story (had read a couple others similar during the night) but haven't seen a time. I wanted to watch the MSM tweets...

TIA

~n/t~
07-30-2012, 08:13 AM
Anybody have links to reliable tweeters? TIA

~n/t~
07-30-2012, 08:18 AM
2 levels of insanity defences
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 say there are two levels of insanity defences. Holmes' public defenders could argue he is not mentally competent to stand trial, like Jared Loughner, who killed six people when he shot Arizona Rep. Gabrielle Giffords in Tucson in 2011. Loughner has pleaded not guilty to charges in the shooting. He 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.

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

http://www.cbc.ca/news/world/story/2012/07/30/colorado-shooting-suspect-court.html

~n/t~
07-30-2012, 08:21 AM
Good Morning America ‏@GMA
"There is no question in my mind that he's going to face the death penalty" says @DanAbrams on #ColoradoShooting suspect

~n/t~
07-30-2012, 08:23 AM
Ugh...I haven't seen anybody reporting the time

songline
07-30-2012, 08:27 AM
Re: Dr Fenton
The final order by the State Board of Medical Examiners said the prescriptions were made on several occasions between 1997 and 1999. According to the order, the incidents came to light in an investigation after Fenton told the Drug Enforcement Administration that a former employee was fraudulently attempting to fill prescriptions.

According to the board's order, Fenton:
Prescribed Claritin to herself and her husband. At the time, it was a prescription drug; now it is sold over the counter.
Prescribed Lorazepam and Vicodin for an employee suffering chronic headaches and anxiety.
Provided four Xanax tablets to an employee for anxiety over an airline flight.
Took three Xanax tablets during her mother's terminal illness.
Prescribed Ambien to her husband for insomnia.
Did not maintain medical charts for the prescriptions.

for the complete board order :
http://www.thedenverchannel.com/download/2012/0728/31313898.pdf

http://usnews.nbcnews.com/_news/2012/07/29/13014187-report-doctor-treating-aurora-shooting-suspect-had-medical-reprimand?lite

GOOD FIND.
So we do not know how accurate this Dr. will be regarding JH.if she does not have good records.

~n/t~
07-30-2012, 08:29 AM
It's too early to say whether prosecutors will pursue the death penalty

http://www.cnn.com/2012/07/29/us/colorado-theater-shooting/index.html?hpt=us_c2


When is it decided?

21merc7
07-30-2012, 09:04 AM
http://www.cnn.com/2012/07/29/us/colorado-theater-shooting/index.html?hpt=us_c2


When is it decided?

I believe the standard is 60 days after charged. So 60 days after today. However, with so many victims families to speak with about it, they may receive more time to make that decision.

21merc7
07-30-2012, 09:11 AM
Ugh...I haven't seen anybody reporting the time

9:30 a.m. Colorado time, according to this Court Order:

http://www.courts.state.co.us/userfiles/file/Court_Probation/18th_Judicial_District/18th_Courts/12CR1522/12CR1522%20Media%20Alert%20Seating%20and%20Logisti cs%20for%207_30_2012.pdf

Current time in Aurora, CO for your scheduling:

http://www.timeanddate.com/worldclock/city.html?n=787

songline
07-30-2012, 09:29 AM
I did not see any charges for the boobie trapped apartment.
But today has barley started. I think we will see something on that too.

~n/t~
07-30-2012, 10:42 AM
5m Kevin Flower ‏@KMFlower
RT @edlavacnn: Court hearing for CO shooting suspect #JamesHolmes starts at 930amMT. I'll be inside the courtroom. #CNN http://pic.twitter.com/lsNr79uu

matou
07-30-2012, 11:09 AM
Matthew Keys ‏@ProducerMatthew
From multiple sources: No Twitter, no audio, no video, no photography in the courtroom today when James Holmes makes second appearance.

matou
07-30-2012, 11:39 AM
Suspect won't be charged in connection to miscarriage

Read more: Suspect won't be charged in connection to miscarriage - The Denver Post http://www.denverpost.com/news/ci_21188313/suspect-wont-be-charged-connection-miscarriage#ixzz227YKig50
Read The Denver Post's Terms of Use of its content: http://www.denverpost.com/termsofuse

What'sThatClue
07-30-2012, 11:40 AM
InSession (TruTV) just stated they have a sketch artist inside.

matou
07-30-2012, 11:41 AM
Matthew Keys ‏@ProducerMatthew
RT @Oh_Fender: Group of four shows up for #theatershooting court hearings in Batman-themed attire.

matou
07-30-2012, 11:42 AM
Reuters live blog: http://live.reuters.com/Event/Colorado_Dark_Knight_Shooting

songline
07-30-2012, 11:43 AM
Suspect won't be charged in connection to miscarriage

Read more: Suspect won't be charged in connection to miscarriage - The Denver Post http://www.denverpost.com/news/ci_21188313/suspect-wont-be-charged-connection-miscarriage#ixzz227YKig50
Read The Denver Post's Terms of Use of its content: http://www.denverpost.com/termsofuse

Because the unborn are not considered alive yet. :(

~n/t~
07-30-2012, 11:48 AM
LIVE: Theater shooting suspect due in court

http://www.wkyc.com/news/article/254266/45/LIVE-Theater-shooting-suspect-due-in-court

~n/t~
07-30-2012, 11:53 AM
I have no sound at work so I'm not sure what that reporter is saying. It is really weird to watch her. It's as if she doesn't realize the camera is on ??

What are they doing? LOL

21merc7
07-30-2012, 11:56 AM
I have no sound at work so I'm not sure what that reporter is saying. It is really weird to watch her. It's as if she doesn't realize the camera is on ??

What are they doing? LOL

Ditto here. No speakers, and one boss in building so I will not be able to keep up (in other words I will have actual work to do, ha!).

Any updates are appreciated, and thanks for the updates already posted! :tyou:

matou
07-30-2012, 11:58 AM
Nothing much yet, no talking on the live feed.

matou
07-30-2012, 12:02 PM
Started now but the sound is soooo low I can't hear what she's saying LOL

ktmac04
07-30-2012, 12:02 PM
There will be several attempted murder charges stemming from traps at apartment.
VIA wkyc feed.

She is done speaking for now. Sound is out. She really acts like she doesn't know a camera is on.her
Sent from my PC36100 using Tapatalk 2

rollinginit
07-30-2012, 12:03 PM
It will be breaking news when court is let out. They (fox) said they would break in as soon as court was let out. They have legal experts standing by.

All electronic devices were banned, so there is no twitter updates.

QueenD
07-30-2012, 12:05 PM
Has there been court yet?

Also sound isnt working for me either at link provided above.

ktmac04
07-30-2012, 12:06 PM
They took sound off while they are waiting for updates.

Sent from my PC36100 using Tapatalk 2

rollinginit
07-30-2012, 12:07 PM
:fence:Has there been court yet?

Also sound isnt working for me either at link provided above.

They are still in court.
It hasn't been let out yet...but they are expecting it to any minute now

ktmac04
07-30-2012, 12:12 PM
Also four victims were there in Batman tshirts. One female with arm in splint

Sent from my PC36100 using Tapatalk 2

songline
07-30-2012, 12:13 PM
LIVE: Theater shooting suspect due in court

http://www.wkyc.com/news/article/254266/45/LIVE-Theater-shooting-suspect-due-in-court

Not LIVE..
just a minute to let us know that the victims are there to present a united front.
Now it is off.....

~n/t~
07-30-2012, 12:15 PM
Ugh! I wish they would've allowed tweets at the very least.

matou
07-30-2012, 12:18 PM
Matthew Keys ‏@ProducerMatthew
James Holmes: 24 counts of first degree murder, 116 counts of attempt to commit murder, @KristenPainter reports

rollinginit
07-30-2012, 12:18 PM
It just wrapped up.....

matou
07-30-2012, 12:19 PM
Matthew Keys ‏@ProducerMatthew
KMGH: James Holmes facing 142 criminal counts - @TakLandrock

21merc7
07-30-2012, 12:19 PM
Maximum punishment is death, minimum is life in prison no parole. #TheaterShooting
comment by KristenPainter via twitter 12:18 PM
Reply
Permalink

142 counts total. 24 counts of first degree murder, 116 counts criminal attempt to commit murder #TheaterShooting

CALL7 is learning the learning hearing for #shootingsuspect is ending. James Holmes facing142 criminal counts.
comment by taklandrock via twitter 12:16 PM

All from:

http://live.reuters.com/Event/Colorado_Dark_Knight_Shooting

matou
07-30-2012, 12:19 PM
Matthew Keys ‏@ProducerMatthew
James Holmes... RT @KristenPainter: August 9 is next court hearing to argue about unsealing the case file. #TheaterShooting

~n/t~
07-30-2012, 12:24 PM
2m Bloomberg TV ‏@BloombergTV
BREAKING: Colorado theater shooting suspect #JamesHolmes faces death penalty, via @BloombergNews


3m Kelly Ryan ‏@KRyannn
142 counts total. 24 counts of first degree murder. 116 counts criminal attempt to commit murder. #jamesholmes #aurora #theatreshooting


59s Deborah Sherman ‏@Deb_Sherman
#jamesholmes indicted on 24 counts of first degree murder. 2 counts of murder for each person killed.


3m wkyc-tv, wkyc.com ‏@wkyc
Colo. theater shooting suspect James Holmes formally charged with 24 counts of murder, 116 counts of attempt murder. #wkyc #coloradoshooting

rollinginit
07-30-2012, 12:24 PM
Reporter said he hasn't shaved....he looked around and looked at the judge. He still has the red hair...and he sat at the table with his attorneys.

rollinginit
07-30-2012, 12:26 PM
He also got charged with something about panic....and one about explosives.

21merc7
07-30-2012, 12:26 PM
Reuters is now also reporting that the prosecutor has charged James Holmes with 12 counts of first-degree murder in the Colorado movie theater massacre.
by matthew.keys 12:22 PM

http://live.reuters.com/Event/Colorado_Dark_Knight_Shooting

ktmac04
07-30-2012, 12:27 PM
This might be a dumb question,but since he was charged and can face death penalty or lwop,does this mean he is deemed sane enough to stand trial?

Sent from my PC36100 using Tapatalk 2

21merc7
07-30-2012, 12:28 PM
3m wkyc-tv, wkyc.com ‏@wkyc
Colo. theater shooting suspect James Holmes formally charged with 24 counts of murder, 116 counts of attempt murder. #wkyc #coloradoshooting

Respectfully snipped

Huh? I have never heard of 2 counts per person. Double jeopardy? (Maybe some misunderstood what was being said?)

rollinginit
07-30-2012, 12:28 PM
24 counts of 1st degree,,,,2 for each life. Lawyers on tv says that's normal

21merc7
07-30-2012, 12:29 PM
This might be a dumb question,but since he was charged and can face death penalty or lwop,does this mean he is deemed sane enough to stand trial?

Sent from my PC36100 using Tapatalk 2

No, this is just the charges. Sanity at time and sanity to stand trial come later.

~n/t~
07-30-2012, 12:29 PM
I don't understand the 24 counts (2 counts per murder) (??) Anyone know? TIA

21merc7
07-30-2012, 12:30 PM
Ok, now 24 murder counts are being explained:

Reuters: Colorado shooting suspect James Holmes charged with 12 counts of first-degree murder plus 12 counts of murder with extreme indifference.
by matthew.keys 12:28 PM

It still cannot be 24 counts as first reported, just sayin'.

prima.facie
07-30-2012, 12:30 PM
In Colorado under rule of evidence....prosecution must show that defendent was SANE during act of crime.....its all on them.....

songline
07-30-2012, 12:30 PM
Matthew Keys ‏@ProducerMatthew
James Holmes: 24 counts of first degree murder, 116 counts of attempt to commit murder, @KristenPainter reports

THANK YOU MATOU!

WOW!!!

24 counts of first degree murder, 116 counts of attempt to commit murder,
James Holmes facing 142 criminal counts


Bye bye JH :seeya:
They finaly took you away ha ha......

QueenD
07-30-2012, 12:30 PM
59s Deborah Sherman ‏@Deb_Sherman
#jamesholmes indicted on 24 counts of first degree murder. 2 counts of murder for each person killed.


3m wkyc-tv, wkyc.com ‏@wkyc
Colo. theater shooting suspect James Holmes formally charged with 24 counts of murder, 116 counts of attempt murder. #wkyc #coloradoshooting

Respectfully snipped

Huh? I have never heard of 2 counts per person. Double jeopardy? (Maybe some misunderstood what was being said?)

I was going to ask that also? What was the 2- counts for each for/how?

Which is fine with me though.

matou
07-30-2012, 12:31 PM
Matthew Keys ‏@ProducerMatthew
@staceybeth69 @kristenpainter Reports suggest he spoke once: "Yes." In affirmation of waiving right to preliminary hearing within 35 days

matou
07-30-2012, 12:32 PM
Matthew Keys ‏@ProducerMatthew
@CBSMatt 12 are first-degree murder charges, 12 are murder with extreme indifference charges.

matou
07-30-2012, 12:33 PM
No preliminary hearing?

QueenD
07-30-2012, 12:33 PM
I wish if nothing else they would have audio in court room.

I myself could careless to stare at evil!

songline
07-30-2012, 12:34 PM
This might be a dumb question,but since he was charged and can face death penalty or lwop,does this mean he is deemed sane enough to stand trial?

Sent from my PC36100 using Tapatalk 2

NOT yet... this will be anther court date.

phantompoet
07-30-2012, 12:36 PM
2 counts per victim.. 1 for depraved indifference and the other for intended killing?

What'sThatClue
07-30-2012, 12:37 PM
HLN live now...

~n/t~
07-30-2012, 12:37 PM
36s Deborah Sherman ‏@Deb_Sherman
#jamesholmes more alert and normal today in court. Sat next to his attorney, not the jury box. Beard is thicker, orange hair growing out.

QueenD
07-30-2012, 12:37 PM
Matthew Keys ‏@ProducerMatthew
James Holmes... RT @KristenPainter: August 9 is next court hearing to argue about unsealing the case file. #TheaterShooting

The August 9th court hearing. Unseal the case file. Is this for the gag order?

What'sThatClue
07-30-2012, 12:38 PM
HLN: Hair matted down, appeared much more lucid, aware. He still had odd mannerisms, no reaction at all at counts.

songline
07-30-2012, 12:39 PM
The charges were satisfying - to me anyway…
I want to thank all who reported. :)

I know --- it is not over till the fat lady sings. GREAT START.

~n/t~
07-30-2012, 12:49 PM
1m In Session ‏@InSession
#JamesHolmes has a preliminary hrg set for Nov. 12.



I thought he waived his right? :waitasec:

21merc7
07-30-2012, 12:53 PM
1m In Session ‏@InSession
#JamesHolmes has a preliminary hrg set for Nov. 12.



I thought he waived his right? :waitasec:

Just waived to have prelim within 35 days

21merc7
07-30-2012, 12:55 PM
I was going to ask that also? What was the 2- counts for each for/how?

Which is fine with me though.

I don't know how they can do 24. Here you cannot, that would be Double Jeopardy. Maybe Colorado is different, or maybe they want to put both on the list knowing defense will challenge, so that at least just murder will stand.

We'll have to wait for some lawyers to tell us.

BetteDavisEyes
07-30-2012, 12:56 PM
Colo. suspect charged with 24 counts of murder
By NICHOLAS RICCARDI and P. SOLOMON BANDA, AP
18 minutes ago

CENTENNIAL, Colo. — Colorado prosecutors on Monday charged a former neuroscience graduate student with 24 counts of murder and 116 counts of attempted murder in the shooting rampage at the midnight showing of the new Batman movie.

James Holmes appeared just as dazed as he did in his first court appearance last week, but at one point exchanged a few words with one of his attorneys in the packed courtroom.

The breakdown of the charges was not immediately clear...

http://xfinity.comcast.net/articles/news-general/20120730/US.Colorado.Shootings/?cid=hero_media_den

songline
07-30-2012, 12:58 PM
HOTEL STAY A WHILE Never looked so good. :jail:

His parents on the other hand may be relived, and sad.
But at least now they will not worry about where he is, or what he is up to.
I am certain they knew he was not well.

MOO, MOO, MOO

rollinginit
07-30-2012, 12:58 PM
James Eagan Holmes was charged with 142 counts, including 24 counts of first-degree murder, 116 counts of attempted murder, one count of possession of an explosive device and one count of a sentence enhancer for a crime of violence.

The maximum punishment for the man suspected of killing 12 people and injuring 58 in the Aurora theater shooting is death. The minimum is life in prison without parole.

Holmes, 24, was asked if he agreed to waive his right to a preliminary hearing within 35 days. He responded "yes." That was the only time he spoke.
http://www.denverpost.com/breakingnews/ci_21191265/hearing-underway-man-suspected-killing-12-aurora-theater?source=googlenews

BetteDavisEyes
07-30-2012, 12:59 PM
Analysis of charges coming up on HLN (Mike Galonos).

~n/t~
07-30-2012, 01:02 PM
55s ed lavandera ‏@edlavaCNN
#JamesHolmes also at times still had a wide-eyed confused expression. But the mannerisms weren't as bizarre as last time.


2m ed lavandera ‏@edlavaCNN
#JamesHolmes appeared more lucid today than his last court appearance. Had no reaction to charges being announced. #theatershooting

Liz
07-30-2012, 01:04 PM
Two theories of murder that they can present to the jury.

One is for an intentional killing, and one is for extreme indifference to human life where you do some kind of behavior that just doesn't care about the consequences. And they can charge either theory which is pretty common in different states, around the country.

You want to present both theories for murder and attempted murder to the jury, so you can get a conviction on either one, or both.

I don't fully understand -- just typing what I'm hearing.


But! After the most likely insanity defense is presented, the burden of proof is on the prosecution to prove that the defendant is sane!

Still I think JH's defense is in for a hard fought battle with the intensity of the planning involved. (IMO)

21merc7
07-30-2012, 01:08 PM
The 24 counts of murder are split into two categories ... giving prosecutors 2 options to nail Holmes for first degree murder. They can either establish that the crime was premeditated OR that Holmes acted with "extreme indifference to the value of human life."

http://www.tmz.com/2012/07/30/james-holmes-charged-24-counts-murder/

Still doesn't make sense to me how they can have both. Someone will explain better soon.

songline
07-30-2012, 01:11 PM
Two theories of murder that they can present to the jury.

One is for an intentional killing, and one is for extreme indifference to human life where you do some kind of behavior that just doesn't care about the consequences. And they can charge either theory which is pretty common in different states, around the country.

You want to present both theories for murder and attempted murder to the jury, so you can get a conviction on either one, or both.

I don't fully understand -- just typing what I'm hearing.


But! After the most likely insanity defense is presented, the burden of proof is on the prosecution to prove that the defendant is sane!

Still I think JH's defense is in for a hard fought battle with the intensity of the planning involved. (IMO)


Sane or insane the MI patient knows right from wrong.
He wrote on Craig’s list "Will you come visit me in jail"?
He can say that it was his other personality not him. :waitasec:
But he does know what he was doing.
What is important to know is they DO disconnect.
Regardless: he has no way out.

~n/t~
07-30-2012, 01:13 PM
http://www.tmz.com/2012/07/30/james-holmes-charged-24-counts-murder/

Still doesn't make sense to me how they can have both. Someone will explain better soon.

I'm with you. I don't understand it either. Could it have an impact in the sentence perhaps? Premeditated = DP Murder with extreme indifference to human life = LWOP (??)

IDK ....just thoughts.

songline
07-30-2012, 01:14 PM
http://www.tmz.com/2012/07/30/james-holmes-charged-24-counts-murder/

Still doesn't make sense to me how they can have both. Someone will explain better soon.

From your link 21merc7:
The 24 counts of murder are split into two categories ...
giving prosecutors 2 options to nail Holmes for first degree murder.
They can either establish that the crime was premeditated OR
that Holmes acted with "extreme indifference to the value of human life."

Same deal for the 116 attempted murder charges --
58 counts of attempted premeditated murder, and
58 counts of murder with "extreme indifference."

http://www.tmz.com/2012/07/30/james-holmes-charged-24-counts-murder/

Peliman
07-30-2012, 01:16 PM
http://www.tmz.com/2012/07/30/james-holmes-charged-24-counts-murder/

Still doesn't make sense to me how they can have both. Someone will explain better soon.

I think it's a legal maneuver, if by chance he's found not guilty of one of the charges, they hope for guilty on the other. It might give more weight to a death penalty phase presuming there is one and I beleive there will be. JMO

songline
07-30-2012, 01:18 PM
I'm with you. I don't understand it either. Could it have an impact in the sentence perhaps? Premeditated = DP Murder with extreme indifference to human life = LWOP (??)

IDK ....just thoughts.

Good thinking :)
:waitasec: dont' know.

Liz
07-30-2012, 02:01 PM
According to Alicia Acuna on w/Megyn Kelly, JH can be convicted on 24 countss of murder but can only be ssentenceed on 12, if found guilty. Expectation is they will go for death penalty.

She said if found guilty (I'm guessing on all charges) - given the law in CO, he must serve consecutively which could equal thousands of years in prison.

February
07-30-2012, 02:15 PM
Two theories of murder that they can present to the jury.

One is for an intentional killing, and one is for extreme indifference to human life where you do some kind of behavior that just doesn't care about the consequences. And they can charge either theory which is pretty common in different states, around the country.

You want to present both theories for murder and attempted murder to the jury, so you can get a conviction on either one, or both.

I don't fully understand -- just typing what I'm hearing.


But! After the most likely insanity defense is presented, the burden of proof is on the prosecution to prove that the defendant is sane!

Still I think JH's defense is in for a hard fought battle with the intensity of the planning involved. (IMO)

IMO prosecution might have a hard time presenting the motives so they have to file charges on extreme indifference to human life where you do some kind of behavior that just doesn't care about the consequences - which sounds like a "no motives" crime charges.

21merc7
07-30-2012, 02:32 PM
Prosecutors have numerous ways to charge first-degree murder. In this case they can either establish that the shooting was premeditated (as in the first 12 counts) or that he acted with "extreme indifference to the value of human life," (as in the last 12 counts).

This also applies to the attempted first-degree murder charges.

Zelinger said Holmes was more composed today than during last Monday's hearing when he appeared bleary-eyed and distracted.

"Nothing really compared to what we saw last week. He was almost like a different person," Zelinger said.

The article has much more:

http://www.thedenverchannel.com/news/31316200/detail.html

~n/t~
07-30-2012, 02:33 PM
http://a.abcnews.com/images/US/abc_james_holmes_ll_120730_wg.jpg

http://abcnews.go.com/US/james-holmes-faces-formal-murder-charges-aurora-colo/story?id=16885850#.UBbTPGFfE9A

~n/t~
07-30-2012, 02:39 PM
http://extras.mnginteractive.com/live/media/site36/2012/0730/20120730__james-holmes-court-artist-sketch~p1.jpg

http://www.denverpost.com/breakingnews/ci_21191265/hearing-underway-man-suspected-killing-12-aurora-theater?source=googlenews

February
07-30-2012, 03:00 PM
A conviction under extreme indifference means that any life sentences would have to be served consecutively, not concurrently, said Craig Silverman, a former chief deputy district attorney in Denver.

http://www.cbsnews.com/8301-201_162-57482151/james-eagan-holmes-charged-with-murder-attempted-murder-from-colo-rampage/

February
07-30-2012, 03:33 PM
http://www.courts.state.co.us/userfiles/file/Court_Probation/18th_Judicial_District/18th_Courts/12CR1522/2012-07-30%2012CR1522%20Complaint.pdf

court docs today

SmoothOperator
07-30-2012, 03:50 PM
Moo is that the shooter has absolutely zero, not even a sliver of a chance of wrangling his way out of the consequences before him.. His MI will not matter as far as "helping him" in a legal sense.. His only choice to attempt a way out is the insanity defense and I believe that is one thing that ALL OF US, HERE AGREE ON THAT WHILE HE MAY INDEED BE MI HE HOWEVER IS NO WAY IN HELL LEGALLY INSANE..

Matters not to me whether he is put to death by the state or whether he spends every brutally long day of the entire rest of his natural life encaged(<-sorry I think I just made up that word..lol) inside a maximum security prison and will die there..

For me it matters not(tho I must say that a large part of me believes that the entirety of natural life spent in prison a lot of times IMO seems to be the much more hellacious of the two..).. Either way he will NOT in any way, shape, or form be able to wiggle, wrangle, nor even give an Oscar worthy performance that will allow this monster to "get away with it"(ie.institutionalized vs incarcerated in prison/death penalty)

(p.s. to clarify I wasn't under the impression that he was possibly going "Scott-free".. That's never been my opinion.. I personally am relieved seeing it laid out in black and white exactly what this individuals entirety of his natural life will be spent doing(incarcerated or death)

songline
07-30-2012, 05:46 PM
A conviction under extreme indifference means that any life sentences would have to be served consecutively, not concurrently, said Craig Silverman, a former chief deputy district attorney in Denver.

http://www.cbsnews.com/8301-201_162-57482151/james-eagan-holmes-charged-with-murder-attempted-murder-from-colo-rampage/

To me it is clear that he is done, and will never be free again. Regardless to the proceedings.

I would eventually like to know how he can be in a school of that kind,
and fall between the cracks?

Nore
07-30-2012, 08:03 PM
First of all let say I know this will never happen. It is my pipedream.
Everyone knows JH. did this. People saw him and can identify him without a doubt. He has no remorse, he is dumb like a fox. IMO. it is time the law everywhere stopped molly coodling these cold blooded killers. He should be charged and convicted by a Judge, taken out back and shot. Save the State of Colorado a load of money States dont have now. He is worthless. Save the victims families who are the hurt from listening to "oh he's sick". He is evil. Maybe others would think twice before they went for their 15 min.. and a worthless life paid for. I'm sorry. I have no sympathy for someone who does
these things. We have a 17 yr.old in Chardon being tried for a massacre, they want the D.P.. all IMO. please dont hate me!.:moo:

cece5300
07-30-2012, 09:00 PM
Honestly, either way you slice it, he most likely won't be executed if he gets the DP so I'm just gonna cast my vote for giving him LWOP

jjenny
07-30-2012, 09:07 PM
Yes, if he goes on trial in Co even if he were to get DP they would take so long to carry it out it will never happen. Unless he is tried in federal court.
But it doesn't appear they are planning to try him in federal court.

ktmac04
07-30-2012, 10:04 PM
Yes, if he goes on trial in Co even if he were to get DP they would take so long to carry it out it will never happen. Unless he is tried in federal court.
But it doesn't appear they are planning to try him in federal court.

Does it just take this long in CO particularly? I know I've heard of people being on death row for over ten years. Are you saying he would die of natural causes before being executed by state? Just looking for clarification as this is new to me. :)

Sent from my PC36100 using Tapatalk 2

prima.facie
07-30-2012, 10:11 PM
Honestly, either way you slice it, he most likely won't be executed if he gets the DP so I'm just gonna cast my vote for giving him LWOP

...unless he gets "dahmered"....


as far as the death penalty in CO...there are 3 DP cases currently.....and there has only been one execution since the DP was reinstated back in 1901....

http://dockets.justia.com/browse/state-colorado/noscat-6/nos-535/

newsleuther
07-30-2012, 10:49 PM
I have honestly always viewed LWOP as much worse than the DP. I'd rather go to sleep peacefully than spend the rest of my life in prison.

February
07-30-2012, 11:16 PM
Just wondering why they dont want JH to be medically checked first before they release the charges? Cat Scan , brain imaging perhaps? Not saying he is insane or sane but it will save a lot of time if they can start the medical and mental check up soon IMO..

pinkflamingo
07-30-2012, 11:39 PM
Just wondering why they dont want JH to be medically checked first before they release the charges? Cat Scan , brain imaging perhaps? Not saying he is insane or sane but it will save a lot of time if they can start the medical and mental check up soon IMO..

This is terrible but I don't think it should matter. You kill that many people, you should be locked up for life. Period.

February
07-30-2012, 11:48 PM
This is terrible but I don't think it should matter. You kill that many people, you should be locked up for life. Period.

Dont worry, JH is not going anywhere. He is done just like what the others said too and regardless of the coutcome of this case but it will be smart to be prepared rather than to know this at the middle of the trial.

99.5% the defense will use Insanity Plea. Prosecution might as well start testing medically IMO...

georgiagirl
07-30-2012, 11:53 PM
I am wondering if he is on suicide watch.. Does anyone know? I just have a feeling he will try to kill himself at some point.

February
07-31-2012, 12:32 AM
AURORA, Colo. — A mother whose daughter was among the 12 killed in the Aurora shooting on July 20 is expected to sue the movie theater where the attack occurred, according to a report.

This is the second reported lawsuit that has come about in the wake of the tragedy. Torrence Brown, Jr., who was uninjured but in the theater that Holmes attacked, is suing the movie theater along with Warner Bros. and Holmes’ doctors.

http://kdvr.com/2012/07/30/report-mother-of-aurora-tragedy-victim-will-sue-theater/

KDOGG
07-31-2012, 09:25 AM
I have honestly always viewed LWOP as much worse than the DP. I'd rather go to sleep peacefully than spend the rest of my life in prison.

i agree with this. if they kill him, he gets off too easy if u ask me.

songline
07-31-2012, 09:36 AM
Just wondering why they dont want JH to be medically checked first before they release the charges? Cat Scan , brain imaging perhaps? Not saying he is insane or sane but it will save a lot of time if they can start the medical and mental check up soon IMO..


It takes a long time to get a full diagnosis on MI
They should not have to wait a long time to charge him.
I think the charges have to come in within a certain amount of days from the arrest time.
:moo:

Zoe Bogart
07-31-2012, 10:03 AM
Charges usually come first before any mental examinations. If there aren't any charges, then, there's no reason for a mental exam, from a legal standpoint. Just being arrested isn't call for having to undergo mental exams. Even in an extreme case like this.

DeadCat
07-31-2012, 10:12 AM
AURORA, Colo. — A mother whose daughter was among the 12 killed in the Aurora shooting on July 20 is expected to sue the movie theater where the attack occurred, according to a report.

This is the second reported lawsuit that has come about in the wake of the tragedy. Torrence Brown, Jr., who was uninjured but in the theater that Holmes attacked, is suing the movie theater along with Warner Bros. and Holmes’ doctors.

http://kdvr.com/2012/07/30/report-mother-of-aurora-tragedy-victim-will-sue-theater/

I was wondering if some of these lawsuits may be partially originating in order to GET INFORMATION, especially as info has been so carefully guarded. Isn't it true that if there is a suit pending, parties can petition for information? (i.e. were their police on-duty that night, was the alarm on the door broken? what treatment was he receiving from the doc and was it unorthodox?)

jjenny
07-31-2012, 10:14 AM
AURORA, Colo. — A mother whose daughter was among the 12 killed in the Aurora shooting on July 20 is expected to sue the movie theater where the attack occurred, according to a report.

This is the second reported lawsuit that has come about in the wake of the tragedy. Torrence Brown, Jr., who was uninjured but in the theater that Holmes attacked, is suing the movie theater along with Warner Bros. and Holmes’ doctors.

http://kdvr.com/2012/07/30/report-mother-of-aurora-tragedy-victim-will-sue-theater/

Anybody can sue anybody for anything. Doesn't necessarily mean there is any merit to the lawsuit.

What'sThatClue
07-31-2012, 01:26 PM
I've been through the tapes and I'm wondering...did dispatch or anyone else warn officers on air to NOT enter Holmes' apartment? I mean right after he was apprehended and apparently told them it was rigged.. did anything go out to other officers involved? I can't find it if they did...anyone? I know they must have, lol, but I'm just wondering.

TIA

(ETA...awww, crumb, I thought I was on the Theater thread. So sorry!)

RJA00
07-31-2012, 02:48 PM
I've been through the tapes and I'm wondering...did dispatch or anyone else warn officers on air to NOT enter Holmes' apartment? I mean right after he was apprehended and apparently told them it was rigged.. did anything go out to other officers involved? I can't find it if they did...anyone? I know they must have, lol, but I'm just wondering.

TIA

(ETA...awww, crumb, I thought I was on the Theater thread. So sorry!)

I listened to about 4 hours of tapes. I only heard his name jh mentioned one time really fast. I heard them send a unit out to that address, four hours of tape and never once did I hear the suspect has red hair, I am still scrathing my head on that one. I heard plaid shirt. They did run the tag on the tennesse car but that did not belong to him. They gave the address for the Tennessee tag. I wonder who that car belonged to. since it did not belong to the jh and it was parked outback.

February
07-31-2012, 10:35 PM
Anybody can sue anybody for anything. Doesn't necessarily mean there is any merit to the lawsuit.

at this point of time, information is still contradicting with one another... i think that lawsuit is too soon, they should wait for more informations. IMO...

February
07-31-2012, 11:13 PM
DENVER - FBI Director Robert Mueller spent Tuesday afternoon in Denver thanking agents and police officers for their work on the Aurora theater shooting investigation.

The FBI joined other federal, state and local law enforcement agencies to investigate shooting suspect James Holmes
http://www.9news.com/news/article/280611/222/FBI-director-in-Denver-following-Aurora-shooting