Discussion in 'Movie Theater Massacre in Colorado' started by JBean, Jul 27, 2012.
The August 9th court hearing. Unseal the case file. Is this for the gag order?
HLN: Hair matted down, appeared much more lucid, aware. He still had odd mannerisms, no reaction at all at counts.
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.
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
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.
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...
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
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.
Analysis of charges coming up on HLN (Mike Galonos).
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
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)
Still doesn't make sense to me how they can have both. Someone will explain better soon.
Sane or insane the MI patient knows right from wrong.
He wrote on Craigs 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.
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.
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."
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
:waitasec: dont' know.
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.
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.