Tag: James Holmes (page 2)

Arapahoe County District Attorney, recently elected George Brauchler, has advised the Court his office will seek the death penalty against James Holmes, charged with the Aurora theater killings.

Chief Judge William Sylvester's response: He assigned the case to another judge due to the amount of resources that will be necessary now that the death penalty is being sought. [More...]

There will be a hearing Monday in the James Holmes Aurora shootings case. Monday is the date by which the District Attorney is expected to announce whether he will seek the death penalty. According to a recent defense filing republished by the Denver Post, Holmes offered to plead guilty before his arraignment earlier this month and accept a sentence of life without parole.

Prosecutors dispute the defense made an "unconditional" offer to plead guilty and object to the defense referencing its "purported" offer in a court pleading. It appears from the DA's response that they wanted information from Holmes before deciding whether to take the death penalty off the table. The DA says Holmes has refused to provide the requested information, thus it does not consider his offer to be a true offer. I don't get the state's position at all. [More...]

Fox News reporter Jana Winter, who has been battling a subpoena to appear and testify about her source of information for an early article on the James Holmes case which contained court-restricted information, is scheduled to appear in court Monday pursuant to a defense subpoena. On Wednesday, the Court denied her latest request for an extension. The Court wrote: [More....]

Defense lawyers for James Holmes in the Aurora theater case refused to enter a plea today, saying they needed more time. The judge denied the request for a continuance and entered a not guilty plea for Holmes. He can still change his plea to not guilty by reason of insanity at a later date.

KUSA was allowed to take video of the proceedings but no audio capture was permitted. The Denver Post was granted permission to have a still camera in the courtroom and photos are here.

Holmes parents were in the courtroom. The judge set trial for August, 2013.

James Holmes, the alleged Aurora Theater shooter, will enter a plea tomorrow. He is expected to plead not guilty by reason of insanity. The defense filed a lot of motions objecting to the procedure that will be followed, but the Judge denied them (Order here.)

Today the court issued its proposed advisement form for entering plea of not guilty by reason of insanity. You can read it here.

Of note, is paragraph 13, which will require Holmes, if asked, to submit to a "narcoanalytic interview." [More...]

Update 1/11/13: The Judge continued the arraignment until March.

Update: The Judge has written a 62 page order finding probable cause and stating tomorrow's hearing, which previously was set to be a status hearing or arraignment, is now procedurally an arraignment, even though the defense is unlikely to enter a plea.

The hearing scheduled for January 11, 2013, at 9:00a.m. is HEREBY converted to an arraignment. This Court recognizes that the defense, in their Objection to Expanded Media Coverage (D-25), is requesting that the matter be set for a status hearing. This Court believes that procedurally it should be an arraignment, but notes, based on D-25, that the defense is likely to request a continuance of this arraignment and that the People should be on notice for Victims' Bill of Rights purposes.

[More...]

A week-long hearing begins today for Aurora theater shooting suspect James Holmes.

It is both a preliminary hearing and a "proof evident/presumption great" (bail) hearing, which the court refers to as a "preliminary/proof evident" hearing, for short. (No, bail is not really on the table, but the Judge does have to make findings regarding it.)

The defense received permission last week to subpoena and call two witnesses at the hearing, over the objection of prosecutors. The Court's order, which nicely explains the purposes and dual character of the hearing is here. [More...]

Aurora movie theater suspect James Holmes is now a defendant, charged with 24 counts of first degree murder, 116 counts of attempted first degree murder, one count of possession of an explosive or incendiary device, and one count which is a sentence enhancement for commission of a violent crime.

The Complaint and Information is here.

The first degree murder charges are under CRS 18-3-102(1)(a) and (1)(d). [More...]

Monday morning, James Holmes, the suspect in the Aurora movie theater shootings, will be advised of the charges against him. The DA previously said in a pleading not under seal there will 12 counts of first degree murder, attempted murder and other charges.

Holmes will not be called upon to plead tomorrow. It is not an arraignment, but an advisement.

There is one motion of interest that will be heard tomorrow -- the defense request for discovery pertaining to leaks about the package Holmes allegedly sent to a psychiatrist/professor (described here.) The DA filed this response, denying it has been established that law enforcement leaked the information. The DA says the news reports got so much wrong, they may just have fabricated their stories. The DA also says their office hasn't yet looked at the contents of the package. It was the Aurora Police Department, not the FBI, who obtained the search warrant, and there was one warrant, not two. [More...]

Update: The judge will set a briefing schedule and hearing date on Monday for a newly filed new motion by the media to unseal the court file. The motion is jointly filed by a variety of local and news groups. With exhibits (which include orders from the unsuccessful Kobe Bryant and Perrish Cox prosecutions), it's 85 pages. As to their request to unseal the docket (called register of actions in Colorado courts) I think the argument is good. We should be able to know what was filed, even if the contents of the actual documents are sealed. I don't think every document filed in the case is deserving of sealing, and a showing should be made with each such request. That said, I hope the media doesn't prevail on its request for public access at this juncture to search warrant affidavits.

Lawyers for James Holmes, the suspect in the Aurora movie theater shootings, today filed this motion requesting discovery concerning the federal and state law enforcement agents who were were aware of or involved in the investigation of the package Holmes allegedly sent to a psychiatrist/professor at C.U., details of which were leaked to the media. [More...]

At the request of the district attorney, Arapahoe County Chief District Court Judge William Sylvester has ordered the University of Colorado not to turn over James Holmes' school records to the media. The media requested the records pursuant to Colorado open records law. The order is here.

In its motion, available here, the People disclosed some of the charges it will be filing against James Holmes. They include 12 counts of first degree murder, numerous counts of attempted murder and other charges.

Yesterday, the Judge granted a defense motion for law enforcement compliance with its order restricting extra-judicial comments: [More...]

Arapahoe County District Court Judge William Sylvester entered this order today denying the media's request for expanded media coverage (audio, video and still photography) for Aurora shooting suspect James Holme's advisement on Monday. The hearing is open to the public and media who want to attend in person. The hearing is to advise Holmes of the charges the DA has filed against him.

A federal law enforcement source has leaked details to the media of the specifics of the explosive devices inside Holmes' apartment: [More...]