CO - James Holmes Trial - *Penalty Phase* #4 - LWOP

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I found this older article form 9/21/12 on the lawsuits that explains a little more. Don't think security guards could have stopped this though.

Why was this filed in Federal court?



Operators of the Aurora theater where 12 moviegoers were slain this summer had no security guards on duty the night of the shootings and no plans for keeping anyone from sneaking out of or back into the theater, according to two new lawsuits filed Friday.

The lawsuits, filed in federal court in Denver by three victims of the theater shooting tragedy, allege a pattern of lax security at the Century Aurora 16 theater that enabled the attack that also wounded 58 patrons. They are the first lawsuits to be filed in relation to the shootings.

Cinemark, the owner of the theater, is named as the suits' defendant.

....

http://www.denverpost.com/ci_21602133/aurora-theater-shooting-victims-file-suits-against-cinemark
According to the complaints, the theater had no security guards on duty for the midnight showing of "The Dark Knight Rises," though guards had been at the theater on July 19, a Thursday.

Security personnel, including off-duty Aurora police officers, normally staffed the theater only on Friday and Saturday nights, even though the theater had a history of assaults, robberies and at least one gang-related shooting, the lawsuits allege.

The lack of security guards allowed the gunman to continue shooting inside the theater for several minutes unconfronted, according to the complaints.

More....

http://www.denverpost.com/ci_21602133/aurora-theater-shooting-victims-file-suits-against-cinemark
 
My regret is that this trial was not conducted in Texas.

Trial being conducted in Texas doesn't guarantee the outcome you want. Andrea Yates was in TX. She was eventually found not guilty by reason of insanity, and presumably could be out and about sometime in the near future.
 
I found this older article form 9/21/12 on the lawsuits that explains a little more. Don't think security guards could have stopped this though.

Why was this filed in Federal court?



Operators of the Aurora theater where 12 moviegoers were slain this summer had no security guards on duty the night of the shootings and no plans for keeping anyone from sneaking out of or back into the theater, according to two new lawsuits filed Friday.

The lawsuits, filed in federal court in Denver by three victims of the theater shooting tragedy, allege a pattern of lax security at the Century Aurora 16 theater that enabled the attack that also wounded 58 patrons. They are the first lawsuits to be filed in relation to the shootings.

Cinemark, the owner of the theater, is named as the suits' defendant.

....

http://www.denverpost.com/ci_21602133/aurora-theater-shooting-victims-file-suits-against-cinemark
According to the complaints, the theater had no security guards on duty for the midnight showing of "The Dark Knight Rises," though guards had been at the theater on July 19, a Thursday.

Security personnel, including off-duty Aurora police officers, normally staffed the theater only on Friday and Saturday nights, even though the theater had a history of assaults, robberies and at least one gang-related shooting, the lawsuits allege.

The lack of security guards allowed the gunman to continue shooting inside the theater for several minutes unconfronted, according to the complaints.

More....

http://www.denverpost.com/ci_21602133/aurora-theater-shooting-victims-file-suits-against-cinemark

I'm wondering if even if there were security guards, are they allowed to be armed? If not, then those guards would have most likely have lost their lives as well.
 
Trial being conducted in Texas doesn't guarantee the outcome you want. Andrea Yates was in TX. She was eventually found not guilty by reason of insanity, and presumably could be out and about sometime in the near future.

I'm aware that there is no guarantee of a death sentence but there is a much higher chance of a mass murderer getting it in Texas. IMO
 
All defense needs is to get one juror to vote against the death penalty. So they don't need to convince all 12. One is good enough.

Yes, I'm well aware of this. My point went to the position the article writer takes about the Defense strategy.

~jmo~
 
Maybe all of those suing the theater should consider what may have happened if the theater wasn't a "gun free zone"....does Colorado have conceal/carry law?

Wondering if any victims/family will civilly sue Jimmy so he can't profit from his mass murdering spree?
 
My heart aches for this father...

TOM SULLIVAN: Aurora theater shooting plea deal would have robbed me of my slain son’s legacy

If a plea had been taken and no trial was ever to be heard in public, I would have been left to read about the events in some report or fact-finding study. That would have left a hollow piece to my already broken heart.

Thank you, George Brauchler, from one father to another for giving me that one last chance to explain to the world how much my son, Alex, meant to me, how I will miss him every day, and how there will never be another like him.

More....

http://www.aurorasentinel.com/opini...obbed-slain-sons-legacy/#.VcjilS9V0t4.twitter
 
I found this older article form 9/21/12 on the lawsuits that explains a little more. Don't think security guards could have stopped this though.

Why was this filed in Federal court?



Operators of the Aurora theater where 12 moviegoers were slain this summer had no security guards on duty the night of the shootings and no plans for keeping anyone from sneaking out of or back into the theater, according to two new lawsuits filed Friday.

The lawsuits, filed in federal court in Denver by three victims of the theater shooting tragedy, allege a pattern of lax security at the Century Aurora 16 theater that enabled the attack that also wounded 58 patrons. They are the first lawsuits to be filed in relation to the shootings.

Cinemark, the owner of the theater, is named as the suits' defendant.

....

http://www.denverpost.com/ci_21602133/aurora-theater-shooting-victims-file-suits-against-cinemark
According to the complaints, the theater had no security guards on duty for the midnight showing of "The Dark Knight Rises," though guards had been at the theater on July 19, a Thursday.

Security personnel, including off-duty Aurora police officers, normally staffed the theater only on Friday and Saturday nights, even though the theater had a history of assaults, robberies and at least one gang-related shooting, the lawsuits allege.

The lack of security guards allowed the gunman to continue shooting inside the theater for several minutes unconfronted, according to the complaints.

More....

http://www.denverpost.com/ci_21602133/aurora-theater-shooting-victims-file-suits-against-cinemark

Cinemark (Cinemark Holdings) is headquartered in Plano, TX, hence the filing in Federal Court.
 
I'm wondering if even if there were security guards, are they allowed to be armed? If not, then those guards would have most likely have lost their lives as well.

I believe the last two theater attacks were successfully ended by armed guards.
 
Maybe all of those suing the theater should consider what may have happened if the theater wasn't a "gun free zone"....does Colorado have conceal/carry law?

Wondering if any victims/family will civilly sue Jimmy so he can't profit from his mass murdering spree?

This has already been debated and most experts have agreed that if someone in the theater had been concealed carrying it would have been impossible for them to stop the attack. JH was wearing full body armor. It would been almost impossible for anyone to kill him, especially in the dark. A concealed carry person would have been a hundred times more likely to kill an innocent bystander then to kill JH. Then there would have been the likelihood that the arriving police could have mistaken the concealed carry person for the gunman.

In short, the situation could have only been worse, if there were more armed people in the theater.
 
I'm wondering if even if there were security guards, are they allowed to be armed? If not, then those guards would have most likely have lost their lives as well.

I don't know how that works in Colorado, but here in NC, there is a big difference in whether the security guards are armed or not. Armed guards cost significantly more money than those who are unarmed -- training, permits, and the guard or whatever company where he/she is employed must be bonded. IMO, since many theaters are seeing less and less profits, a security guard at a theater may well not be armed. Just MO.
 
Maybe all of those suing the theater should consider what may have happened if the theater wasn't a "gun free zone"....does Colorado have conceal/carry law?

Wondering if any victims/family will civilly sue Jimmy so he can't profit from his mass murdering spree?

Does Colorado law allow for Wrongful Death suits? If so, are any in process against JH? And there is often a statute of limitations for WD suits -- I would think if there were any against him, they would be in process by now. According to the article cited in the link, the suits are allowed but there is a 2-year window on bringing WD suits.

Colorado's laws specify that the surviving spouse and the children of the victim can bring a wrongful death claim. The parents of the deceased person can file for a claim only if the deceased doesn't have a spouse or children.Jul 12, 2013

[h=3]The Statute of Limitations for a Wrongful Death Claim in ...[/h]www.avvo.com/.../the-statute-of-limitations-for-a-wrongful-death-clai...Avvo
 
This has already been debated and most experts have agreed that if someone in the theater had been concealed carrying it would have been impossible for them to stop the attack. JH was wearing full body armor. It would been almost impossible for anyone to kill him, especially in the dark. A concealed carry person would have been a hundred times more likely to kill an innocent bystander then to kill JH. Then there would have been the likelihood that the arriving police could have mistaken the concealed carry person for the gunman.

In short, the situation could have only been worse, if there were more armed people in the theater.

Can you tell me where the experts agreed about this? Where can I go to read this?
 
My heart aches for this father...

TOM SULLIVAN: Aurora theater shooting plea deal would have robbed me of my slain son’s legacy

If a plea had been taken and no trial was ever to be heard in public, I would have been left to read about the events in some report or fact-finding study. That would have left a hollow piece to my already broken heart.

Thank you, George Brauchler, from one father to another for giving me that one last chance to explain to the world how much my son, Alex, meant to me, how I will miss him every day, and how there will never be another like him.

More....

http://www.aurorasentinel.com/opini...obbed-slain-sons-legacy/#.VcjilS9V0t4.twitter


Well, I thought I was done with tears for this massacre, its victims and its family members, but I am not. Yes, it was good to have the trial -- to let the lights of those murdered shine one more time. They live in these articles, and they live even in our hearts.

Just read it...
 
Can you tell me where the experts agreed about this? Where can I go to read this?

But Hubert Williams, former head of the Newark police department and president of the Police Foundation, said that the idea that average citizens with guns could keep a theater safe only makes sense "on a piece of paper."

"Reality is much more complicated. What if you pull a gun out, take aim and someone else thinks you're the shooter?" he asked. "Would you stand up against an AR-15, AK-47 military-style assault weapon? Give me a break."

Aurora Shooting: Colorado Theater Lacked Uniformed Security Guards On Night Of Massacre
 
Life without parole.


Sent from my iPhone using Tapatalk

Well, I thought I was done with tears for this massacre, its victims and its family members, but I am not. Yes, it was good to have the trial -- to let the lights of those murdered shine one more time. They live in these articles, and they live even in our hearts.

Just read it...

forever remembered
 
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