July 23rd, 2012
12:11 PM ET

Death penalty decision months away, DA says

Editor's note: The man accused of opening fire in a crowded movie theater in Aurora, Colorado, is set to make his first court appearance Monday, giving the public its first look at the suspect since his arrest in an attack that authorities say was planned months in advance. We're live blogging the court appearance, which begins at 11:30 a.m. ET.

[Posted at 12:11 p.m. ET] The district attorney's press conference has concluded.

[Posted at 12:11 p.m. ET] Carol Chambers, Arapahoe County district attorney, on Monday urged anybody who still has information that may be pertinent in the case to contact the police or the district attorney's office.

[Posted at 12:09 p.m. ET] Asked by a reporter if any medication or sedatives had been provided by the jail to Holmes, Chambers said she had no information about it.

[Posted at 12:07 p.m. ET] "It's still a very active and ongoing investigation," Carol Chambers, Arapahoe County district attorney, said Monday.

[Posted at 12:06 p.m. ET] Domestic terrorism charges would not be something state prosecutors would consider in the case, Carol Chambers, Arapahoe County district attorney, said Monday.

[Posted at 12:04 p.m. ET] Victims' families will be consulted before a decision is made on seeking the death penalty for Holmes, Carol Chambers, Arapahoe County district attorney, said. That decision is months away, she said.

[Posted at 12:02 p.m. ET] Carol Chambers, Arapahoe County district attorney, said "there is no such thing as a slam dunk case" and prosecutors would be working hard to prove the charges against James Holmes.

[Posted at 11:45 a.m. ET] Holmes' hair was dyed a bright orange during his court appearance Monday.

[Posted at 11:41 a.m. ET] Holmes' expression has changed little during the court hearing. He has mostly been staring off into space.

[Posted at 11:34 a.m. ET] Formal filing of charges will be Monday, July 30, at 9:30 Colorado time, the judge says.

[Posted at 11:32 a.m. ET] Holmes didn't look at the judge as the hearing started, just down as he was read his rights.

[Posted at 11:31 a.m. ET] James Holmes appears before Judge William B. Sylvester. He is wearing a maroon jumpsuit.

[Posted at 11:27 a.m. ET]  The public information officer for Colorado courts tweets that the district attorney in the James Holmes case will hold a press conference after the hearing.

[Posted at 11:09 a.m. ET]  James E. Holmes, 24, is likely to face charges of first-degree murder - an offense that carries a possible death penalty, if he is convicted - in the shooting deaths, given allegations over the weekend by police that there is evidence to suggest "calculation and deliberation" in the rampage.

Holmes is being held in connection with the early Friday morning shootings that left 12 dead and 58 wounded, and the subsequent discovery of his booby-trapped apartment, which authorities believe he rigged before leaving for the Century Aurora 16 multiplex.

Authorities have been tight-lipped about a possible motive in the case, and police spokesman Frank Fania told CNN late Sunday that Holmes has been uncooperative with investigators and requested an attorney.

Arapahoe County public defender James O'Connor has been assigned to the case. The Colorado Judicial Department declined to say whether Holmes requested a public defender. A telephone call by CNN to O'Connor's office was not immediately returned.

Holmes' court appearance will come a few hours before his family is expected to break their silence with a statement.

The family, which lives in San Diego, has not spoken publicly since the allegations against Holmes. They issued a short statement Friday saying they did not wish to be disturbed "at the time of this tragic event."

Background of Colorado shooting suspect full of contrasts

Remembering the victims

soundoff (1,254 Responses)
  1. Rich

    He is trash.

    July 23, 2012 at 11:55 am | Report abuse |
  2. Chris

    He's a terrorist and should be treated and tried as such. Simple as that. Ship him to Guantanamo. He should have no rights.

    July 23, 2012 at 11:55 am | Report abuse |
  3. Bob

    He looks sad. Perhaps it's dawned on him how utterly screwed he is.

    No one thinks you are brilliant fool.

    July 23, 2012 at 11:55 am | Report abuse |
    • Reason & Logic

      He's medicated. Anyone can see that.

      July 23, 2012 at 12:09 pm | Report abuse |
  4. Cincinnati Sara

    Did anyone see his HS photo? Anyone who poses like that, with that freakish staring smile is totally insane. I'm so sorry for his parents that knew it, and didn't do anything to call attention to his blatant obvious Mental Health Disorder. Now he has destroyed peoples' lives. He will rot in this world, and burn in the next. So very tragic. Pray. Pray for his soul, those of the victims, and the familis of the victims so they can achive some level of peace through all of this. Perhaps the next time you know someone who suffers from actual Mental Instability, we will offer them help and get them the treatment they need.

    July 23, 2012 at 11:55 am | Report abuse |
    • Reason & Logic

      What! So now we should review HS yearbook photos to determine whom we should incarcerate to prevent future murders????? Get real.

      July 23, 2012 at 12:11 pm | Report abuse |
  5. Tammy

    This person did not have the right to do what awful things he did; but because he did these horrible things, now he has the right to a fair trial, the right to counsel if he can't afford it?! He is guilty of this..........these families may not have money to bury their loved ones, who's going to help them?????

    July 23, 2012 at 11:55 am | Report abuse |
    • coloradom

      Tammy: I believe there are already funds setup to donate that will go to the families involved in this tragedy. It is up to us to support and lift them up during this time.

      July 23, 2012 at 12:01 pm | Report abuse |
    • Reason & Logic

      Some of them will be approached by the media for books, interviews, movie deals, etc. Nonetheless, I think the last thing these families are worried about is how to pay for their loved ones funeral services.

      July 23, 2012 at 12:13 pm | Report abuse |
  6. Constance M. Belle

    He Plan, He Plotted...VENGENCE IS MINE........I pray for his soul-He's just a sick moral-I pray for peace of Mind for HIM and for the families that have lost precious love ones-such a sad story and a SAD PERSON-YES, he was mental on one hand, but KNEW EXACTLY WHAT HE WAS DOING!!! sorrowfully submitted!!!

    July 23, 2012 at 11:55 am | Report abuse |
  7. Teresa

    This person can not make any eye contact because he looks like he has no remorse whatsoever. His eyes look dead-he has no emotion.

    July 23, 2012 at 11:55 am | Report abuse |
    • Reason & Logic

      Can't you tell that he's medicated?

      July 23, 2012 at 12:14 pm | Report abuse |
  8. isaac james

    Everyone,and everybody needs prayer,killing him want change anything,but it will make you exactly like him a cold murderer,god don't make mistakes,men do,

    July 23, 2012 at 11:55 am | Report abuse |
  9. Stephie O

    He looks scared. Hmm.. Sick man. He should not have any rights. The only place he needs to go is hell. Don't spend our tax money on this animal.

    July 23, 2012 at 11:55 am | Report abuse |
  10. bb

    Should have been shot on the spot, end of story. Now more waisted money because of this pos, speaking of that Oblunder flew up there for votes he could care less about those people what a creep to use this as a ploitical stepping stone,

    July 23, 2012 at 11:56 am | Report abuse |
  11. youmustbekidding

    Holmes' hair was dyed a bright orange during his court appearance Monday. Wow! Did they do it in front of the judge?? What color was it before his court appearance? LOL.

    July 23, 2012 at 11:56 am | Report abuse |
  12. glorydays

    The insanity of this gun crazy society is guilty of permitting these acts.

    July 23, 2012 at 11:56 am | Report abuse |
  13. Steve in Iowa

    There was a pick-up truck in Texas this weekend that was over loaded and killed 13 when the driver lost control. Where's the outcry for the innocent victims of that tragedy? I don't hear anyone calling for the banning of all autos. I don't hear anyone yelling for 'common sense' pick-up laws....... The silence is deafening.

    July 23, 2012 at 11:56 am | Report abuse |
    • dan

      Accident vs. intentional Steve. Your idiocy is overwhelming.

      July 23, 2012 at 11:58 am | Report abuse |
    • Bob

      They were illegal immigrants.

      July 23, 2012 at 11:59 am | Report abuse |
    • Common Sense Cass

      Pretty sure the driver of the over-loaded pick up didn't INTEND/PLAN to go out and kill 13 people. Your ignorance is deafening.

      July 23, 2012 at 11:59 am | Report abuse |
    • Stuart

      Maybe that is because the victims were there willingly without seatbelts, therefore they are at least partially responsible for the results.

      July 23, 2012 at 12:00 pm | Report abuse |
    • CEC

      The denial is clinical.

      July 23, 2012 at 12:00 pm | Report abuse |
    • laurie

      because those people volunteered to get in the truck and the people at the movie were given no choice. Are you really that ignorant to make this type of statement. I feel very sorry for you if you are! This is the only comment I'll make and I'm sure I'm not alone but get off the computer, you are obviously not mature enough to use it responsibly!!!

      July 23, 2012 at 12:01 pm | Report abuse |
    • LBJ

      uhhh because it was an accident not a mass murder einstein. Yes it was sad but it wasn't a senseless act of violence. Something is wrong with you Steve

      July 23, 2012 at 12:01 pm | Report abuse |
    • TekG

      Actually your are wrong, most states have laws on the books that disallow riders in the bed of the truck on any state or federal highway. That said, gun control would fix what happened in Colorado.

      July 23, 2012 at 12:01 pm | Report abuse |
    • John Smith

      Wow...The people killed in Texas are to blame for their own deaths. They should have known better than to cram 23 people into one truck...but yet still sad and my heart goes out to the families. The people killed in CO were killed by a crazy person...not by a poor choice they made.

      July 23, 2012 at 12:01 pm | Report abuse |
    • lol

      that would be because it's texas

      July 23, 2012 at 12:02 pm | Report abuse |
    • After 39 years

      What is it like being a moron?

      July 23, 2012 at 12:02 pm | Report abuse |
    • Sammie

      Lame argument

      July 23, 2012 at 12:02 pm | Report abuse |
    • Mary

      That was a very sad story, but as far as I could see, it wasn't one person that pre-meditated the killing or attempted killing of dozens of people. It was an accident on the roadway, and unfortunately it involved 23 people crammed into a pickup truck. Truthfully, legislation will not fix stupid.

      July 23, 2012 at 12:02 pm | Report abuse |
    • me

      They do have "common sense pickup laws". It's called getting a driver's license. Further, you need cars, you don't need guns.

      July 23, 2012 at 12:02 pm | Report abuse |
    • Tim

      I also don't hear anyone who matters calling for a weapons ban so calm down stevie, you'll get to keep your guns. Just try not to sound so ignorant please, and don't drag 13 people into your argument, it makes you sound even more insensitive.

      July 23, 2012 at 12:02 pm | Report abuse |
    • Jack,

      Why spend the money on a court case?!?!?!You caught him red handed!!! Stand him on the court house square and put a bullet in his left knee then the right knee and then put one in his head. Show no remorris ti him like he showed at the theater.

      July 23, 2012 at 12:02 pm | Report abuse |
    • mark

      That's because they were illegals and we don;t care HOW, we just care that they're numbers go down.

      July 23, 2012 at 12:03 pm | Report abuse |
    • Uncle Spooge

      The fake crazy act isn't going to save you from going to jail so don't even try. If we are lucky he will take himself out with a dull plastic knife otherwise I hope he gets AIDS during the many rapings he will receive in jail.

      July 23, 2012 at 12:03 pm | Report abuse |
    • Erin

      Seriously???? It was a sad accident! It was something that was accidental, not done on purpose. This wierdo came into a movie theater and INTENTIONALLY shot 70+ people. There was nothing accidental aboout it!!!!

      July 23, 2012 at 12:03 pm | Report abuse |
    • Debbie

      Apparently the news hasn't told us that in Maryland yet.....Sorry for the lost in Texas.....

      July 23, 2012 at 12:03 pm | Report abuse |
    • fred

      Nobody cares about a bunch of illegal mexicans.

      July 23, 2012 at 12:03 pm | Report abuse |
    • bert

      oh, DO shut up

      July 23, 2012 at 12:03 pm | Report abuse |
    • Muzzleblast

      Please stop with the idiotic NRA rhetoric. None of the b.s. you gun nutjobs say make any sense. Logic escapes you.

      July 23, 2012 at 12:05 pm | Report abuse |
    • Dan

      Wait, you're comparing an unfortunate accident to the premeditated murder of movie goers? Really? Looks like someone needs a little more coffee.

      July 23, 2012 at 12:05 pm | Report abuse |
    • serge

      how are you comparing that "accident" to this tragedy. yes it is a horrible thing to hear about but "accidents" happen frequently due to our on human flaws of casuing mistakes , we cant help it but we do screw up. This was now screw up, when was the last time you had even thought about wearing a bullet proof vest to a movie premier? are people in iowa this ignorant? i certainly hope not.

      July 23, 2012 at 12:05 pm | Report abuse |
    • Deke

      That is a dumb comparison. The 13 people in the truck knew what they were getting into when they decided to pile that many people into the truck. They also did so voluntarily as they put their lives in the trusted skills of the driver. The people in the movie theater did not buy this kids guns and they did not schedule to be there with him at the time he chose to use them. Get a grip you moron.

      July 23, 2012 at 12:08 pm | Report abuse |
    • Shawn

      The situation in Texas was an accident, not a planned out assault on the community. I think if the driver of the truck could change what happened he/she would. The young man who killed 12 and wounded 38, wanted to do this and carried it out with no regard to human life. The silence isn't deafening , you just choose to hear what you want to hear.

      July 23, 2012 at 12:09 pm | Report abuse |
    • Brandt

      Really, Steve? Be the better man and don't downplay the deaths of more than two-dozen people with gun garbage. This comes from a gun owner who doesn't fall into the trap of debating this garbage during a tragedy.

      July 23, 2012 at 12:10 pm | Report abuse |
    • J'rod

      Steve you didnt hear anything because your mouth is open and your ears are closed. It has been on the news and thousands have chimed in.... your point? Oh thats right, the little man wants to keep his gun just in case the evil scary boogey man gets him. You want to carry a gun, join the military or some type of police agency, other than that, you DONT NEED ONE!

      July 23, 2012 at 12:17 pm | Report abuse |
    • OH

      There is a slight difference between an accident and a massacre. Mainly intention.

      We license people to drive, and have penalties for offenses including revoking people's license and driving privileges. We have safety features and standards for cars, we have car insurance, etc.

      I don't think it's the same situation for this man's case.

      I hardly think it's the same thing.

      However, I'm not downplaying the death of people based on cause. Death is death and the victim's families do deserve to mourn in peace and seek relief.

      July 23, 2012 at 12:20 pm | Report abuse |
  14. Scott_N_Fla

    [Posted at 11:45 a.m. ET] Holmes' hair was dyed a bright orange during his court appearance Monday.

    There was a beautician in the courtroom during the proceedings dying his hair orange?

    July 23, 2012 at 11:56 am | Report abuse |
    • keno smith

      Agreed!

      July 23, 2012 at 11:59 am | Report abuse |
    • Chippy

      Agreed. The grammar on that line is especially bad! Made it sound like it was dyed DURING the hearing. Gack!

      July 23, 2012 at 12:00 pm | Report abuse |
    • Kevy

      I tought the same thing as soon as I read that... " [Posted at 11:45 a.m. ET] Holmes' hair was dyed a bright orange during his court appearance Monday."

      July 23, 2012 at 12:10 pm | Report abuse |
  15. Joe

    This is not Pleasantville. The entire universe is chaotic right down to the core of our planet and in ourselves. Chaos rules supreme. This is the end of the road for evolution. There will always be this kind of stuff.

    July 23, 2012 at 11:56 am | Report abuse |
    • Reggie

      Almost 100% correct, but there is reason for hope, and reason to continue struggling for our ideals. If this is the end of our natural evolution, then it is the point where we must consciously participate in our own personal evolutions as individuals. There have long been many shared opportunities for such efforts, and these are becoming increasingly relevant and urgent.

      July 23, 2012 at 12:06 pm | Report abuse |
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49