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. MisterK

    Torture him to death please. Anything less would be unjust. I want the winner of a cruelest torture contest to decide the method.

    July 23, 2012 at 12:18 pm | Report abuse |
  2. guido jenkins

    "put him away in a psych ward for life"...??? really??? free room, board, & medical care at taxpayer expense dont quite make it in my humble opinion.....something a bit more severe is called for here....I would like to see him publicly disemboweled for starters....jmo

    July 23, 2012 at 12:18 pm | Report abuse |
  3. Stacy

    He is not crazy or stupid.. he was in a PhD in Nueroscience program. He knew exactly what he was doing. Don't waste more tax money on jail and a defense. Death penalty is appropriate and let him live in internal hell, pay for what he did over and over, forever.

    July 23, 2012 at 12:18 pm | Report abuse |
  4. truth

    he dind't created this nut in him... we did

    July 23, 2012 at 12:18 pm | Report abuse |
  5. Kay

    Doesn't the Joker in the comics have *green* hair?

    July 23, 2012 at 12:18 pm | Report abuse |
  6. Attention

    Feel sorry for the wacko? He could afford the guns and ammo then he could afford a shrink. Studying for a medical degree drops out and then acts like he was studying to be an abortion doctor.

    July 23, 2012 at 12:18 pm | Report abuse |
  7. angryersmell

    A murderous psychopath with no emotions? We'll color me surprised.

    July 23, 2012 at 12:18 pm | Report abuse |
  8. Omni

    Funny how he wasn't looking all crazy and starring off into space when he was in school or at his job or when he was buying weapons last week. Why the sudden bugeyed look on your face? Do you think we are going to mistake evil for insane. Not this time trash!

    July 23, 2012 at 12:18 pm | Report abuse |
  9. Mary

    There is nothing wrong with this dumb***. He needs to be put to death. How the heck does he have the right to live in some padded room while all those families bury their loved ones. He had time to plan this out. HE DYED HIS HAIR FOR CHRIST SAKE.

    July 23, 2012 at 12:18 pm | Report abuse |
  10. hillbillynwv

    I bet if you looked under that carrot top you would find the numbers 666. Anyone this evil has to be satan's kid.

    July 23, 2012 at 12:18 pm | Report abuse |
  11. Keith

    Two words:

    BATH SALTS!

    July 23, 2012 at 12:18 pm | Report abuse |
  12. Spike

    Die in pain Dork.

    July 23, 2012 at 12:19 pm | Report abuse |
  13. B. Jones

    So wait, this guy kills 13 people without a reason and he should be put to death, yet we, as the U.S., kill 100's of innocent Iraqis and we expect to be called heroes? When will our marines face murder charges?

    July 23, 2012 at 12:19 pm | Report abuse |
    • tez07

      I am sure the victims appreciate your political statement

      July 23, 2012 at 12:22 pm | Report abuse |
    • Ron

      Come on... I didn't know they allowed first graders to post comments here. Stop coming on here trying to front asif you don't see a difference.

      July 23, 2012 at 12:23 pm | Report abuse |
  14. The Penguin

    Wow, and I thought my heart was full of evil!

    July 23, 2012 at 12:19 pm | Report abuse |
  15. Bob

    What a Looser They should execute him behind the court house today instead of wasteing tax payers money......Just like the middle East does......

    July 23, 2012 at 12:19 pm | Report abuse |
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