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Aurora Shooting Suspect James Holmes Heads to Court

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...]

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James Holmes Charged With 142 Counts

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...]

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James Holmes Court Advisement Tomorrow

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...]

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James Holmes Lawyers Request Discovery on Leak of Package Sent to C.U.

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...]

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Court Orders C.U. to Deny Media Access to James Holmes' School Records

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...]

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Judge Rules No Cameras for James Holmes Next Court Appearance

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...]

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James Holmes First Court Appearance

Aurora shooting suspect James Holmes made his first court appearance today. The full video is above.

Update below: Statement from Arlene Holmes, Jame's mother, about media misconstruing her statement about "having the right person." She was confirming the reporter had reached the right person (her, the mother of James Holmes who lived in Colorado) and not anything about his personality or the shootings, as she didn't know about the shootings when she got the call at 5:45 a.m. Statement below, as read by her attorney:

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The Killer is Rarely Who He Seems

Journalist Dave Cullen, author of the definitive book on Columbine which he spent ten years researching, has an op-ed in tomorrow's New York Times on the myths of the mass killer and why people shouldn't rush to judgment about James Holmes.

YOU’VE had 48 hours to reflect on the ghastly shooting in Colorado at a movie theater. You’ve been bombarded with “facts” and opinions about James Holmes’s motives. You have probably expressed your opinion on why he did it. You are probably wrong.

In other words, "The killer is rarely who he seems." I'm ignoring the media's speculating pundits and profilers and will wait for the evidence.

Update: In other case news, Holmes bought his tactical assault gear online from a company called Tactical Gear in Missouri. Here's the receipt. He ordered in on July 2 and specified 2 day shipping. One of the items is a BlackHawk Urban Assault Vest. Here's BlackHawk's website and catalog.

I think it would be more productive to monitor the sale of "urban assault vests" and similar "tactical gear" than guns. What possible sporting use could these items have? Check out the D.O.A.V. Assault Vest System.[More...]

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