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James Holmes prosecutor: "For James Eagan Holmes, justice is death"

james holmes beard 205x205.jpg
James Holmes.
Update: After DA George Brauchler announced at today's Aurora theater shooting hearing that he plans to seek the death penalty against James Holmes, Judge Carlos Samour turned his attention to defense attorneys' desire for Fox News reporter Jana Winter to reveal sources who gave her information about a notebook the suspect allegedly sent to his psychiatrist; see our previous coverage below. That meant more testimony from Sergeant Matthew Fyles, who revealed the existence of post-it note with a drawing on it in found in the same package as the notebook.

After Fyles took the stand, he was questioned by lead Holmes attorney Daniel King. During the conversation, he said he was not present at the Anschutz Medical Campus, where the package containing the notebook was received. Rather, he was at Aurora police headquarters when he was informed about the package's existence by Aurora Detective Alton Reed.

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Photo by Sam Levin
Attorney Daniel King.
During a telephone conversation, Fyles said, Reed told him that the package contained a notebook with unknown writing on an unknown number of pages. However, Reed also told him about other items in the package, including burned currency and a single sticky-note with a drawing on it. He did not describe the drawing.

In response to a question from King, Fyles revealed that he mentioned the notebook to a number of his colleagues at the Aurora Police Department. He advised members of the command staff and the homicide unit.

Shortly thereafter, Dori Ann Hanswirth, attorney for Fox News and Winter (who was in the courtroom for today's hearing), asked Fyles about the sticky note. But before she could get very far, prosecutor Rich Orman objected, saying the note didn't have anything to do with the contents of the notebook -- and Judge Samour agreed.

At that point, Hanswirth transitioned into a question about the unknown writing in the notebook. "I've never seen the inside of that notebook," Fyles told her.

Once Fyles finished testifying, Judge Samour deferred a ruling about whether to quash the subpoena for Winter, saying he wanted to give the defense a chance to question Detective Reed about whether he talked to anybody about the notebook. A hearing for this conversation was set for 1:30 p.m. on April 10.

Judge Samour said the hearing was important because he wanted to give the defense an opportunity to exhaust all reasonable efforts to learn the information without presenting Winter with what he referred to as a Hobson's choice -- either burn her sources and possibly ruin her journalism career or go to jail.

Winter was ordered to return to Colorado for the April 10 hearing.

Afterward, Judge Samour asked attorneys for Holmes to draft a written document waiving his right to a speedy trial, so that the new trial date could be set for February 2014. He then called a thirty-minute recess, but unexpectedly restarted the hearing sooner. As a result, some reporters were locked out of the courtroom, and by the time they got to the overflow room, the hearing was just ending.

Representatives of the court subsequently said that the waiver, signed by Holmes, was turned in to Judge Samour. It requires that the trial get underway no later than April 1, 2014.

A court spokesman also said Judge Samour encouraged the defense attorneys to decide soon whether they would like to change a not-guilty plea entered on Holmes's behalf by Judge William Sylvester, Samour's predecessor, to not guilty by reason of insanity. Samour didn't set a date by which such a change would have to be put in place, but he said the longer the defense team waited, the harder it would be for members to convince him.

Continue for our previous coverage of the April 1 hearing in the Aurora theater shooting case.



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59 comments
Harvey
Harvey

The Prosecutor and Colorado public are being played by Holmes.  Death row gets him segregation from the prison population, three squares a day, unlimited internet access, regular exercise, and the opportunity to waste Colorado resources for at least another 30 years with appeals because this trial is going to last at least a month and present hundreds of issue opportunity for appeal.  The Columbine fallout will be tiddlywinks compared to this.  We lose. 

Lisa Hill
Lisa Hill

He does NOT deserve compassion asshat.

Cindy Hill
Cindy Hill

That's right, Colorado, spend another two or three million $$ on this fool instead of accepting the guilty plea, sentencing him to a lifetime of incarceration and being done with it. Good decision.

DonkeyHotay
DonkeyHotay topcommenter

 *** Justice is Death! ... the perfect Easter Sermon ***

Anyone arrogant enough to reject the verdict of the judge or of the priest who represents the LORD your God must be put to death.  -- Deuteronomy 17:12

Cursed be he who does the Lords work remissly, cursed he who holds back his sword from blood. -- Jeremiah 48:10

"Today you have been ordained for the service of the LORD, for you obeyed him even though it meant killing your own sons and brothers. Because of this, he will now give you a great blessing."  -- Exodus 32:29

Make ready to slaughter his sons for the guilt of their fathers; Lest they rise and posses the earth, and fill the breadth of the world with tyrants.  -- Isaiah 14:21

"Then I heard the LORD say to the other men, "Follow him through the city and kill everyone whose forehead is not marked.  Show no mercy; have no pity!  Kill them all – old and young, girls and women and little children.  But do not touch anyone with the mark.  Begin your task right here at the Temple."  So they began by killing the seventy leaders.  "Defile the Temple!" the LORD commanded.  "Fill its courtyards with the bodies of those you kill!  Go!"  So they went throughout the city and did as they were told."  -- Ezekiel 9:5-7


KILL! KILL! KILL! KILL! KILL! -- your God COMMANDS IT !! -- Justice is Death!!


RustyShackleford
RustyShackleford

Any case against James Holmes fails without naming the American gun industry and their wholly-owned subsidiary, the National Rifle Association, as co-defendants.

Mary Lynn
Mary Lynn

Gotta feel for the victims and James Holmes's family and friends. The whole thing is so sad and maddening. Thinking of this community.

Monkey
Monkey

People are funny. Everyone seems happy to take away all his rights, but some would rather pay for food, shelter and medical care for another 60 years than to execute him. I assume these people also clean their house by sweeping dirt under the rug and pretending they're clean. The humane thing would be to kill him like a violent dog, but I guess some people would rather seek revenge through incarceration, kind of like a dog kennel for life instead of a painless injection. The people who want to keep him alive are the real sick people, they don't have more compassion for human life, they just want to punish him for longer. Any one of those victims could have used lethal force against him at the theatre, and they would have been called a hero, but now that the state wants to use its right to use lethal force, it's not civilized? If we killed everyone convicted of killing more than 3 innocent people, our prison system could afford to feed our homeless. I'd like to see the food and medical attention we give our murderers given to our poor instead, but I guess if you want the government to take care of you, all you have to do is go on a killing spree.

Karen Trujillo
Karen Trujillo

Really don't want to look at his face, nor read about him, nor hear another word about him!!!!!!!

Chad OfThe Valley
Chad OfThe Valley

You wouldn't be extolling the virtues of compassion if he killed one of your family members. He's crazy, but so are thousands of other people. And they don't plan massacres and fill their apartments with booby traps. He was fully conscious of what he was doing. So crazy or not, a mad dog gets put down all the same.

Jonathan Noa
Jonathan Noa

I am a humanitarian, and as a humanitarian most would claim that the death sentence is just wrong. However, i am such a humanitarian that i believe this guy should fry if that is what he is afraid of. As a matter of fact, if castration were to save one child or woman from the horrors of rape, then that is the kind of humanitarian i would like to be. We spend 17k on a childs education in a year, yet we incarcerate a person at the cost of 70k. We make it way too easy for people like this. If he feared death before his planning and killing, maybe the victims would still be alive. I do not think killing ANYONE is the right thing to do, but how do we allow people to take the easy route.

Juan_Leg
Juan_Leg

With that KUNT, Carole Chambers no longer holding office as Arapahoe's D.A. , & being personally known as 'One who LOVES TO GAMBLE', I'll cover up to $2,500.00, (Money secured in a verified account. ), that James Holmes receives 'Life W/O Parole'...

Contact if foolish !......

Tyler Hill
Tyler Hill

ya know, an eye for an eye leaves the whole world blind, oh wait... it already is... please proceed

Maggie Nichols
Maggie Nichols

He's created a circus? no... he's been in custody. The world created the circus around him.

DonkeyHotay
DonkeyHotay topcommenter

 ""For James Eagan Holmes, justice is death," Brauchler said."

What a tyrannical un-Christian vengeful psychopath.

HipTip: Death is NOT a Penalty ... death ENDS suffering and pain.


flightsimulator
flightsimulator

This is a miscarriage of justice in itself, and the decision to seek the death penalty panders to our most base desires. What does executing a monster like Holmes do for us? Does it bring back his victims, or heal the emotional wounds he left? No. Nothing can do that. Those that are able to find peace will do so on their own terms, and we can't bring anyone back. All that the death penalty does here is prolong Holmes' time in court, cost us all more emotionally and financially, and reduces our morality to his same level. Regardless of how horrifying this is, we can do a lot better than meeting his level.

DonkeyHotay
DonkeyHotay topcommenter

@Lisa Hill ... you must be a "christian".

DonkeyHotay
DonkeyHotay topcommenter

@Cindy Hill ... never underestimate the power of stupid people in large groups.

DonkeyHotay
DonkeyHotay topcommenter

@RustyShackleford  ... where in the Second Amendment does it say the Rights of Insane Loons SHALL Be Infringed ??

DonkeyHotay
DonkeyHotay topcommenter

@Monkey ... only an unevolved simian like you could evoke such a depraved indifference for humanity, under the simplistic guise of financial avarice.


vegas_ninja
vegas_ninja

@Karen Trujillo Agreed Karen - we immortalize the those that bring evil to innocence and forget the names of those that paid the ultimate price without ever knowing it...

DonkeyHotay
DonkeyHotay topcommenter

@Chad DuVall ... spoken like a true mad dog.

DonkeyHotay
DonkeyHotay topcommenter

@Jonathan Noa "However, i am such a humanitarian that i believe this guy should fry if that is what he is afraid of"

Idiot -- his fear, along with all his pain and suffering, will end the moment you execute him.

Death ENDS Suffering.


DonkeyHotay
DonkeyHotay topcommenter

@Peace Will Win ... HMMMWJE?


DonkeyHotay
DonkeyHotay topcommenter

@Tyler Hill .... wrong.

The last person standing will still have one eye.

Think about it.


vegas_ninja
vegas_ninja

@Maggie Nichols - agreed, point-taken...

stuka1
stuka1

@DonkeyHotay 

 PENALTY: the suffering in person, rights, or property that is annexed by law or judicial decision to the commission of a crime or public offense

www.merriam-webster.com/dictionary/penalty

hth, you simpering fucking moron

Juan_Leg
Juan_Leg

@flightsimulator   Thank you for one of the extremely few voices of reason !

PROVE 'ALL' OF THOSE COPS WHO RAN INTO THE THEATER, FIRING BLINDLY, 'ALL' HIT JAMES HOLMES !!!

Wait a minute ! Was he ever even hit ? How MANY rounds were fired by APD again ???????

LIFE W/O PAROLE !!!

DonkeyHotay
DonkeyHotay topcommenter

@flightsimulator "What does executing a monster like Holmes do for us?"

Proves -- incontrovertibly -- that there is a MONSTER in ALL of Humanity.


El_Derpo
El_Derpo

@stuka1

Donkey is Jah! All praise Sri Sri Donkeyrama!

.

DonkeyHotay
DonkeyHotay topcommenter

@vegas_ninja "those that bring evil to innocence"

Like the 1000s of U$ troops who murdered, raped, maimed and slaughtered innocent Iraqis and Afghans -- thousands of women and children included -- eh?

stuka1
stuka1

@DonkeyHotay His attention-seeking ploys will end the moment he gets smoked. Kinda like...YOU! 

hth you whiny pussy

DonkeyHotay
DonkeyHotay topcommenter

@stuka1 = Epic Logic FAIL from the KING of FAILURE

Death ENDS Suffering, you stump-stupid stammering stoner.


DonkeyHotay
DonkeyHotay topcommenter

@Juan_Leg ... unless of course they implemented the Repuglykan war criminals Bu$h + Cheney's enhanced interrogation methods on him while he was incarcerated for life.

DonkeyHotay
DonkeyHotay topcommenter

@Juan_Leg ... talk to your shrink about these recurring conspiracy theories. They now have effective medications for that.


El_Derpo
El_Derpo

@stuka1 <<<~~~~~~ derp drizzle

stuka1
stuka1

@DonkeyHotay = the fucking idiot who's so angry he trolls WW all day every day for a year.

vegas_ninja
vegas_ninja

@DonkeyHotay ...apparently so that you can say whatever you want to say in whatever manner you want - hurray 1st amendment, glad all our friends, sons, daughters, fathers, mothers, uncles, grandfathers, et al, spilled their bloods so you can maim their devotion, commitments and apparently, mistakes protecting those that can desecrate their own country and democracy... 

BTW - I'm currently living in the Mideast in a Kingdom, so you should cherish the fact you can say and slander those that have died for your freedoms - because those freedoms don't exist over here and your type would be in a royal prison before you could figure out just whom arrested you and threw away the keys... 

Careful what you preach for if you don't walk those kilometers in others' shoes that can't afford to buy them...

El_Derpo
El_Derpo

@stuka1 {{{{{{{{{{{{{{{ derp!

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