James Holmes Hearing Begins—Inside the Prosecution’s Case
Theater shooter James Holmes is in court this week as prosecutors outline their case. Will we finally learn what was inside his notebook? Christine Pelisek on the possible surprises.
Almost six months after 12 people were killed and at least 70 were injured in a shooting rampage at a movie theater in Aurora, Colo.—and just days after a deadly hostage standoff rattled the town once more—the highly anticipated preliminary hearing is set to begin today for accused mass shooter James E. Holmes.
RJ Sangosti/AP
The purpose of the preliminary hearing, which is expected to last through the week and draw hundreds of witnesses, victims, and members of the media to the Arapahoe County courthouse, is to determine if there is sufficient evidence to put the 25-year-old former University of Colorado Denver neuroscience doctoral student on trial.
Holmes, who has not yet entered a plea and has made at least one suicide attempt by running headfirst into a jail cell wall, has been charged with 166 counts of first-degree murder and attempted murder and possession of explosive devices.
This will be the first time that details about the shooting and Holmes’s capture by police minutes after the rampage will be revealed. In July, Arapahoe County District Judge William Sylvester issued a gag order barring attorneys and investigators from speaking publicly about the case.
The contents of a notebook that Holmes sent his school psychiatrist, Dr. Lynne Fenton, on July 19—the day before the shooting—that reportedly contained violent images of an attack may also be divulged.
Holmes is suspected of gunning down 12 people and injuring 70 others in a shooting spree at the midnight showing of The Dark Knight Rises at the Century 16 movie theater on July 20 in Aurora. On that fateful night, police say Holmes, with his hair dyed red as a creepy homage to Batman’s Joker, was dressed in combat gear and armed with an assault rifle, a Glock pistol, a shotgun, and two canisters of what sources say was tear gas.
After Holmes was arrested at the back of the theater, police discovered that his third-floor apartment had been booby-trapped with explosives, trip wire, and gasoline. Authorities believe that Holmes had rigged his apartment so that it would kill responders when they arrived to investigate after the shooting.
Police say Holmes went on his rampage one month after he withdrew from the Ph.D. program after failing a year-end exam. On that day, he bought an AR-15 semiautomatic rifle to add to his burgeoning collection of weapons.
At the preliminary hearing, Arapahoe County prosecutors will likely outline their case against Holmes and present evidence to show that Holmes’s rampage was premeditated and that he methodically began preparing for the attack months earlier. In an earlier hearing, prosecutors said that in March of 2012 Holmes told a fellow classmate he wanted to kill people.
Prosecutors are also expected to call to the stand police investigators, first responders, coroner officials, as well as a number of injured moviegoers who witnessed the bloodbath. In addition, prosecutors are set to play the 911 calls by dozens of frantic moviegoers as well as show some of the 30 hours of video from the theater.
Holmes’s defense team, which has repeatedly suggested that the wiry former student suffers from mental illness, is planning to call at least one mental-health expert, and will undoubtedly take the position that Holmes, who now sports longer brown hair and a bushy beard as he sits zombielike through hearings, was insane at the time of the mass shooting and can’t be found guilty of the heinous crimes.
According to ABC News, defense attorneys also plan to call two unidentified witnesses who will testify about Holmes’ mental state—a move that was heavily opposed by the prosecution at a hearing last week. The witnesses, who have never been interviewed by the defense team, are cooperating with Colorado law-enforcement authorities, ABC reported.
The preliminary hearing will be held in the courthouse’s biggest courtroom, and there will also be overflow rooms capable of seating hundreds of people. Armed law-enforcement personnel will be stationed on the court’s rooftops. The hearing is expected to draw hundreds of spectators, including the macabre fans of Holmes who call themselves Holmsies.
Meanwhile, the theater, which has been closed since the shooting, is set to reopen on Jan. 17. Several family members of those killed have criticized Cinemark, the theater owners, after they sent them invitations to the grand opening offering “a special evening of remembrance” followed by the showing of a movie.
In a letter to Cinemark, the families wrote: “During the holiday we didn’t think anyone or anything could make our grief worse but you, Cinemark, have managed to do just that by sending us an invitation two days after Christmas inviting us to attend the re-opening of your theater in Aurora where our loved ones were massacred.”
Holmes’s Dazed Court Showing
In his first appearance since allegedly killing a dozen people, the suspected Colorado shooter struggled to keep his eyes open as he faced the judge.
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The Suspect
What We Know About James Holmes
American Gentility
The Batman Shooter’s Mayflower Ancestry
Aurora
The Shooter’s Evil Plan
BOY NEXT DOOR
‘This Could Have Happened Here’
Disengaged
Holmes’s Life in Aurora
Debate
What About Gun Control?
My Gun Control Fantasy
Obama and Romney won’t even mention the ‘g’ word after the tragedy in Aurora. That’s pathetic, writes Judith Miller. What if four ex-presidents got together to do the right thing?
Misdirect
The NRA’s Bizarre Priorities
No End in Sight
Carolyn McCarthy’s Lonely Crusade
Seize the Moment
Endorse Gun Control, Mitt!
Eyewitness
Photos & Video From the Scene
Tweets From the ‘Dark Knight’ Shooting
A gunman killed 12 and wounded countless others at a shooting 15 minutes into a midnight screening of ‘The Dark Knight Rises’ at a movie theater in Aurora, Colo. These are tweets, photos, and videos from the #theatershooting scene.
HORRIFIC SCENES
Witnesses on the Colorado Shooting
Suspect
The Mind of a Killer
A Diabolical Villain
No one seems to know what set off the murders in a movie theater, but the discussion should be about whether the NRA is also culpable, writes Michael Daly.
Hazy Profile
What Makes a Mass Murderer Tick?
Expert Advice
How to Survive a Disaster
Shaken
Hollywood Reacts
Hollywood Looks Within
Few in Hollywood think “The Dark Knight Rises’ caused the tragedy in Colorado. But some do wonder if popular culture has desensitized people to the very real consequences of violence.
POST-SHOOTING
Will Fans Skip ‘Dark Knight’?
Obama 'Heartbroken' By Shooting
At a campaign stop in Florida, the president said the day wasn't about politics. Ultimately, what matters most is 'how we choose to treat one another and love one another,' he told the crowd.










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