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. Jerry

    There were as many people killed in one pickup truck crash today (12) as this guy killed in a heanous intentional act. So this is not strictly about the carnage, but the lack of civility and the intention and surprise. CO is a death penalty state. Ie is expected to be arraigned in about 5 months and the trial could easily take 3 years to start and last the better part of a year. This sucker is going to drag on and on and cause perpetual pain for the victims and the empathy watchers.

    Meanwhile the truck crash victims will fall out of mind in a couple of months.

    July 23, 2012 at 11:47 am | Report abuse |
    • sammy sozo

      There are roughly two to three dozen shootings in Chicago each and every weekend. Not all fatal, but still. No one cares.

      July 23, 2012 at 11:53 am | Report abuse |
  2. The Messenger

    I will let Patricia know. Why does she have two babies and not a husband?

    July 23, 2012 at 11:47 am | Report abuse |
  3. Ken

    what would DEXTER do????!!!!!!!!!!!!!!!!!

    July 23, 2012 at 11:47 am | Report abuse |
    • Southern Guy

      Exactly!

      July 23, 2012 at 11:49 am | Report abuse |
  4. TheSpoorb

    Think some clown maybe touched this guys peter when he was little. Wheres thatold guy from the bus video when u need him?

    July 23, 2012 at 11:47 am | Report abuse |
  5. Carol

    Why is this guy drugged!!!! He should be in court straight as an arrow and face the facts. Are they trying to show he is insane. This angers me and what an insult to the victims families.

    July 23, 2012 at 11:47 am | Report abuse |
  6. David Kuklinski

    There a live feed of this somewhere?

    July 23, 2012 at 11:47 am | Report abuse |
  7. Lida

    The report said he allegedly killed 12 people! Does that mean the 12 people are just allegedly dead? So, can they come home now?

    July 23, 2012 at 11:47 am | Report abuse |
    • Kristine

      AGREE! And he is "suspected" of killing them?? Well duh.

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

      Not it means innocent until proven guilty

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

    Whoever puts this nutjob in his cell, I hope they beat him and torture him before the death penalty. I hope he begs for death every day of the rest of his life

    July 23, 2012 at 11:48 am | Report abuse |
  9. Nicole

    I have to say sometimes I wish it was the Old West. We know he did it. Get a rope. Quick, done and no taxpayer dollars.

    July 23, 2012 at 11:48 am | Report abuse |
  10. TexanMD

    he's almost asleep....looks like opiate withdrawal

    July 23, 2012 at 11:48 am | Report abuse |
  11. John Gomez

    FIRING SQUAD AT THE RANGE!!!!

    July 23, 2012 at 11:48 am | Report abuse |
  12. reta kay hunter morgan

    prayin for the victems &family so sad.this is terrible.why why do people do this to others.Is beyond me.

    July 23, 2012 at 11:48 am | Report abuse |
  13. Andy NJ

    What a waste of money – just dig a hole, throw him in and cover it up. Done.

    July 23, 2012 at 11:48 am | Report abuse |
  14. Luke

    It look like it is finally dawning on the clown that this wasn't a movie.

    July 23, 2012 at 11:48 am | Report abuse |
  15. es

    he is FAKING.

    July 23, 2012 at 11:48 am | Report abuse |
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