James Holmes case: Judge gives trial go-ahead, defense wants more time to enter plea

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A judge has ruled that there's enough evidence to try alleged Aurora theater shooter James Holmes for murder.

Holmes is accused of killing twelve people and injuring seventy others by opening fire at the Century 16 theater on July 20. He'll be back in court Friday at 9 a.m. for a hearing, at which time his defense attorneys are expected to ask for more time to enter a plea.

Holmes is charged with 166 crimes, including 24 counts of first-degree murder and 140 counts of attempted first-degree murder.

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Judge William Sylvester.
In a lengthy ruling (on view below) that followed a three-day preliminary hearing, Judge William Sylvester found probable cause to believe that Holmes committed all of them. The case can now proceed to trial. In the meantime, Holmes will be held without bail.

Sylvester set an arraignment -- a hearing at which a defendant enters a plea -- for Friday at 9 a.m. But Holmes's attorneys say they are "not prepared to proceed to arraignment" on Friday. Their statement came in a motion (also on view below) in which they object to allowing the media to take photos and record video and audio at Friday's hearing, which the judge previously characterized as a status hearing/arraignment.

Cameras haven't been allowed in the courtroom since Holmes's first court appearance on July 23, three days after the attack. On that day, Holmes appeared dazed and as if he were struggling to stay awake. At subsequent hearings, a sketch artist has been permitted to draw Holmes, who has appeared relatively more alert.

In their motion, Holmes's attorneys requested that his arraignment be postponed. Sylvester said he'll consider the issue at Friday's hearing. If he decides to proceed with the arraignment, cameras will be allowed in the courtroom. If he delays it, they won't.

Westword plans to be in the courtroom and will post updates on Latest Word.

Continue to read the judge's order and the motion from Holmes's attorneys.



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7 comments
Juan_Leg
Juan_Leg

Arapahoe county officials do NOT want to pay for a trial of this capacity . This could be argued, being a case of emotion vs logic and the D.A. has it's hands FULL considering the amount of effected victims, screaming for blood .

Nathan Dunlap committed the infamous 'Chuck-E-Cheese' slaughtering in 1993 & remains breathing to this day . His mental health evaluations over the past 20 yrs are nowhere near the severity we have learned in just the short period of six moths, w/ Holmes .  

I DO believe there WILL be a plea & what people don't realize is once Holmes enters the system, he will be housed at C.S.P., in Canon City, w/ the EXACT  living and privileges of one who IS on death row . He will remain at that facility for at least fifteen years . Go ahead & look for yourselves . MOST high-profiled inmates are immediately transferred to C.S.P. directly following diagnostics  at D.R.D.C. in Denver .

The D.A. could really use the support of enough victims to expedite a 'Life Sentence W/O/Parole' & be DONE w/ Holmes . Then hopefully, someday in the future,  EVIDENCE surfaces & more will be held accountable,  as I will NEVER believe it was ALL James !.....

rain
rain

Update: the (alleged, yeah) shooter's arraignment has been postponed to March 12.

What the hell? *March*? Really? The defense team hasn't had enough time to go through the evidence to decide on a plea? Sounds to me like they're just delaying to be delaying.

Tracey Nichols
Tracey Nichols

He is psychotic, but very sane most of the time. Dillusional enough to think he would get away and kill everyone, but calculated enough to plan out every aspect of this crime. His defense hasn't enough time in the world, to prove 100% without a doubt insanity. He knew all along the reprocussions of his acts, a mentally disabled person does not. He is goin down, and they are fighting a losing battle here. What a waste of taxpayer money. What a waste of life.... TAKE HIM OUT ALREADY so WE can move forward!

Stephen At Half Aspen
Stephen At Half Aspen

Obviously there will be a plea deal and in all probability the negotiations and victim notifications are still underway. The writing is on the wall, multiple life without parole sentences.

Legen Dairy
Legen Dairy

Because they know his ass will fry if it goes to a Judge sentencing

Juan_Leg
Juan_Leg

@Stephen At Half Aspen  Exactly correct .

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