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Aurora theater shooting hearing, day 3: James Holmes took photos of himself dressed to kill


corbin dates.jpg
Corbin Dates.
Fyles also mentioned the experiences of Corbin Dates, who was at the theater during the July 20 attack. Dates recalled seeing a male sitting in a front-row seat; he wore what Dates thought was a bandana or cap from which reddish hair could be seen sticking out. He watched as the man walked toward the emergency door while apparently talking on the phone -- and at the door, he opened it and stuck his foot out to keep it open.

At that point, Dates left the theater to meet his girlfriend, and when they returned, the man was gone.

After Fyles left the witness stand, Daniel King, Holmes's attorney, stood up and said the defense would not be calling any witnesses at the preliminary hearing. The only reason to have done so, he said, was to feature witnesses who could talk about what he called Holmes's mental illness or mental state. However, he believed the hearing wasn't "the proper venue to put on a show or present some kind of truncated defense."

A break followed, after which Chief Deputy District Attorney Karen Pearson made a statement on behalf of the prosecution. She said the evidence presented at the three-day hearing showed Holmes's "planning, his preparation, his surveillance of the theater, his purchases," as well as his presence at the theater before the evening's movie, The Dark Knight Rises, began to screen, and his use of door stops.

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Judge William Sylvester.
Pearson said Holmes chose as the site for his attack a location where there would be "a number of people in one place who would have great difficulty escaping...a perfect venue for this crime." Had his rifle not jammed, she said, he would have shot many more people, since "he certainly had the ammo." She also argued that his actions showed "a willingness to take life indiscriminately.... He didn't care who he killed or how many he killed, because he wanted to kill them all." As a result, Pearson said, charges of both first-degree murder after deliberation and first-degree murder, extreme indifference, were fully justified.

Holmes faces a total of 166 charges, including two for each person killed or wounded -- one pertaining to either murder or attempted murder with deliberation, and another labeled "extreme indifference."

The defense did not make a statement.

The hearing concluded with Judge William Sylvester setting a new hearing for 9 a.m. on Friday. It will be considered a status hearing and/or an arraignment at which Holmes could enter a plea -- if, as expected, Sylvester determines that there is enough evidence to go to trial.

Throughout the proceedings, Holmes, clad in a red jumpsuit and sporting brown hair and a brown beard, acted as he has throughout the week. Rather than displaying activity or participating in conversations with his attorneys, he mainly sat still, staring straight ahead.

Update: If Holmes enters a plea on Friday, the judge has decided to allow one still camera and one video camera inside the courtroom to capture it. No audio recording will be allowed, however. There haven't been cameras allowed since Holmes's first appearance in court on July 23.

More from our Aurora Theater Shooting archive: "Aurora theater shooting hearing, day two: Youngest victim's story, death of a military man."



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16 comments
Mark Ball
Mark Ball

Does it really matter if he gets notoriety? dude's rotting in a jail cell and won't ever get out, let him think whatever he wants. The important thing is that he is no longer a threat to anyone. Who gives a shit what ANYONE thinks of this guy, just don't let him out and be done with it. If you don't wanna see his stupid face then I guess delete all your Colorado news feeds.

Pat Lewis
Pat Lewis

^ Sarah's right! Only you guys paid attention to his name :-/ Westword doesnt give a crap who the criminal is, they just write the article.

Sarah Brown
Sarah Brown

Maybe some of you should delete westword as your "friend" if you don't enjoy their take on stories. Good info Westword!

Merredith Branscombe
Merredith Branscombe

YES. Call him the thug, the AssHat, call them all Voldemort for all I care. Just stop giving them notoriety. Research has repeatedly shown that these losers who feel unseen and unheard watch the excitement, the repeated naming of someone who was harmless, suddenly made threatening, and want to emulate it. They want that whole, "say my name" thing. So -- yeah, stop saying their names, especially the kingpins and the terrorists.

Jack Thursby
Jack Thursby

Would the butthurt reactionaries above have applied such a mindset towards bin Laden or any international drug kingpin wanted for major crimes?

The Anti-Notoriety Campaign
The Anti-Notoriety Campaign

The other commenters are right. DO NOT GIVE NOTORIETY TO THESE ASSAILANTS. Make it a policy! All the media need to make it a policy. It can only mean more harm in the future when the name and photo and details of these people are perpetuated.

Merredith Branscombe
Merredith Branscombe

I really, really wish you all would stop naming him. Just calling him "the shooter," or, "the loony" or even "the A$$ Hat" works just fine without adding to his uh, "legend."

Juan_Leg
Juan_Leg

@icetrout  

He'll most likely do it himself once the proper opportunity presents itself ....

dcCU
dcCU

as they should, informative, objective...

dcCU
dcCU

why? because he looks better than you? stop putting your comments on our news feed. now doesnt that sound ridiculous? it is a freee country and press, deal with it!

dcCU
dcCU

ur saying his name and giving him notoriety by speaking of him even in derogatory terms. there must be some concern u feel or you would not reply. you dont even know all the facts yet you and others are so quick to condemn. what is wrong with your and others thinking?

dcCU
dcCU

ur comparing apples to oranges! what does that have to do with the price of tea in China. stay on topic.

dcCU
dcCU

a policy to suppress free speech! ur a moron sad to say...how bout a policy made to not let you express your comment? see how dumb that sounds, think before you write please!

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