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. Mark

    The only thing close to insanity in this case is letting the idiot live. You are not going to rehabilitate the guy and you will never know for sure he won't "snap" again. Give him an execution date, strap him down, give him a shot, wake him up, and tell him maybe tomorrow. After a few times then kill him and revive him 12 times and on the 12th time don't revive him. Yes it is cruel but effective, after the 12th time we will NEVER have to worry about him again.

    July 23, 2012 at 1:30 pm | Report abuse |
    • You Become What You Hate

      When you lower yourself to the level of a psychopath, then what does that make you?

      And yes, my sympathies are with his victims.

      July 23, 2012 at 1:41 pm | Report abuse |
  2. Winnie

    "And the braggart named Ragnar was boastful no moooooree... when his ugly red head rolled around on the floor!"

    July 23, 2012 at 1:30 pm | Report abuse |
    • richard

      Love it !!!

      July 23, 2012 at 1:38 pm | Report abuse |
  3. ggrieser

    How are all the lawyers and news companies supposed to self promote and make money off this if he's executed quickly? Geez, give em a chance, let the bottom feeders eat in peace.

    July 23, 2012 at 1:31 pm | Report abuse |
  4. OldMo

    Major Nidal Hasan shouted "alluha akbar" before killing 13 at Ft. Hood. Prez BOzo said we shouldn't rush to judgement and labelled it "workplace violence". Now he'll probably use this incident to help get the UN gun treaty he's going to sign July 27th to be passed in Sente. Maybe he can get the nation to adopt Chicago's gun laws and then everyone will be safe? Oh wait a sec. . .

    July 23, 2012 at 1:31 pm | Report abuse |
    • s kel

      maybe one day hopefully Oldmo when your cleaning your weapon it will go off on you pointing in your direction, than we wont be reading stupid racist coments like yours on here anymore.

      July 23, 2012 at 1:44 pm | Report abuse |
    • You Become What You Hate

      Not to worry – come November you'll have another opportunity to install the NSA / CIA / Military-controlled puppet of your choice.

      July 23, 2012 at 1:46 pm | Report abuse |
  5. Shay

    I don't understand why everyone is so f-ing concerned about this turd being "drugged" while he was in the courtroom today! Who cares? I don't-I don't feel sorry for his poor,pitiful butt! I hope his behind is torn from limb to limb! He killed a 6 year old child and shot a 3 month old child-I don't give a flying crap about him and his smartness-and/or whatever he was going to be when he completed school-I don't care. I care about the victims. This isn't about video games or movies or being crazy. This is about a person who should be looking into the face of death.

    July 23, 2012 at 1:32 pm | Report abuse |
  6. Robert

    If this is not a sufficient case for execution, what possibly could be. There were many eye witnesses, video tape, the guy was caught behind the theater still wearing te body armor and holding the murder weapons. The HAVE to execute this man. I cannot think of anyone more guilty (as much maybe, but not more) since the Nazis and the holocaust of World War II.

    July 23, 2012 at 1:32 pm | Report abuse |
  7. Robert

    If this is not a sufficient case for execution then nothing is. There were many eye witnesses, video tape, the guy was caught behind the theater still wearing te body armor and holding the murder weapons. The HAVE to execute this man. I cannot think of anyone more guilty (as much maybe, but not more) since the Nazis and the holocaust of World War II.

    July 23, 2012 at 1:33 pm | Report abuse |
  8. Robert

    They say he paid for a ticket to get into the theater. Wasn't he interested in seeing the movie? How could he concetrate on shooting knowing he was missing the movie???

    July 23, 2012 at 1:35 pm | Report abuse |
  9. auricmon

    They should excuted him with ole sparky show him no mercy like he showed his victims no mercy.. I would hate to be on that jury I would convict him asap..

    July 23, 2012 at 1:35 pm | Report abuse |
    • auicmon

      I have 6 kids and one of mine is 6 years old I swear I would rather pay the electric bill to cook his butt than lethal injection..

      July 23, 2012 at 1:48 pm | Report abuse |
  10. Thomas

    I'm sure that whole "dazed" look is nothing but an act to go along with his "insanity" plea. This dude might be crazy but he's not insane. He knew exactly what he was doing the whole time.

    July 23, 2012 at 1:38 pm | Report abuse |
    • You Become What You Hate

      There's no 'act' here. He's insane. That look on his face is very similar to that lunatic in Arizona and that madman in Norway.

      July 23, 2012 at 1:52 pm | Report abuse |
  11. ben

    I can't believe all this hoopla about medication or motive he knew exactly what he was doing so he should be given the same treatment as any other human being that would of done such a horrible thing to innocent people NoMercy whatsoever wake up people the blame could only fall on 1 person the whom committed the crazy acts of violence on innocent people ! We as Americans need to be aware of our surrondings at all times the Arabs, thugs, poor people aren't the ones killing the innocent its in our faces right here at home to be aware is to be alive my people my prayersgo to out to all the INNOCENT families suffering over this tragedy Hang Him !!!

    July 23, 2012 at 1:39 pm | Report abuse |
  12. Gabriel

    America, pls dont waste your time on a dead dog. This guy is a satan and he should not be allow to stay on earth. Death penalty is the best reward for animal like him.

    July 23, 2012 at 1:41 pm | Report abuse |
  13. Robert

    You mean to tell me that NO ONE in that theater was carrying concealed with a permit? Unbelievable!

    July 23, 2012 at 1:42 pm | Report abuse |
    • Foreigner

      I KNOW! – I thought all you lot packed heat.

      July 23, 2012 at 1:54 pm | Report abuse |
  14. Richard

    I'm waiting for him to blame Paxil.

    July 23, 2012 at 1:42 pm | Report abuse |
  15. Short Average

    This nutjob posted on Adult Friend Finder a few weeks before the incident. Google that information and gain additional insight into this LOSER. Was he able to purchase that new car and all of his deadly toys with his earnings or was he supported by SFB parents?

    July 23, 2012 at 1:45 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