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Update: Aurora theater shooting witness-victims won't be barred from watching trial

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Andy Cross/Denver Post
James Holmes in court in June 2013.
Update: The Colorado Supreme Court has declined to hear the petitions filed on Monday by James Holmes's attorneys. Read the high court's (brief) orders at the end of this post.

Original post: Attorneys for Aurora theater shooting gunman James Holmes have filed two petitions with the Colorado Supreme Court. One seeks to overturn an order that Holmes undergo a second sanity evaluation. That petition has been filed under seal.

Another asks the high court to reverse a ruling that victims who are also witnesses can watch the trial. In that petition, which is not sealed, Holmes's attorneys argue that allowing the victims to hear testimony will re-traumatize them and influence the way they testify.

Due to the nature of the crime, there are many victims in the case. Holmes is accused of murdering twelve people and injuring seventy more by opening fire during a midnight showing of The Dark Knight Rises at the Century 16 theater in Aurora on July 20, 2012. He has pleaded not guilty by reason of insanity.

In August 2013, Judge Carlos Samour ruled that anyone who was present in Century 16's Theaters 8 and 9 when the shooting occurred will be allowed to watch the trial, regardless of if they're one of the 82 named victims in the case or whether they'll be called as a witness to testify. In other words, they will not be sequestered.

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Andy Cross/Denver Post
Judge Carlos Samour in court in June 2013.
Holmes's attorneys disagree with Samour's ruling. In a petition filed on Monday (and on view below), they asked the Colorado Supreme Court to review his decision.

"There are two primary reasons why exempting victim-witnesses from the sequestration order threatens Mr. Holmes's right to a fair trial," Holmes's attorneys wrote. "The first is the risk that these victim-witnesses will improperly influence jurors and sway their decision regarding conviction and punishment. The second is the risk that attending the trial will adversely affect the testimony of these victim-witnesses."

Holmes's attorneys argue that seeing victims in the courtroom will prejudge the jurors against their client. "Because of the sheer magnitude of the tragedy that has occurred in this exceptional case," they wrote, "the presence of the sheer number of victim-witnesses who will be allowed into the courtroom...is likely to have a significant impact on the jury."

They're also concerned about emotional outbursts from victims, such as the time in January 2011 that the father of Rebecca Wingo, who died in the shooting, loudly said, "Rot in hell, Holmes!" in court shortly after a hearing was adjourned.

"Viewing the anger and sadness of the victims and their family members toward Mr. Holmes day after day for months will make the jury less able to presume Mr. Holmes innocent," they wrote, "or conduct their deliberations with fairness and impartiality."

Continue for more on Holmes's petition to the state Supreme Court.



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64 comments
A-stitch Saves Minds
A-stitch Saves Minds

A Huge FUCK YOU! !! You don't want to face the people you fired on! ! Screw you, you don't deserve air to keep your ass alive.

Lou Van Duerm
Lou Van Duerm

What's a potshot honky? He ain't walking nowhere this fucker will die a slow death rotting away in jail.

Lou Van Duerm
Lou Van Duerm

Kill this bastard who cares if he claims insanity. This guy is one sick fucker.

Matt Quast
Matt Quast

I think taking the case as his defense lawyer should have you banned from our community

Michael Miller
Michael Miller

Good and bad that we are given the right to a fair trial...but this is going beyond anything i can comprehend. Read a lot of it...and I am just shocked that this is still going on. We all know he did this, whether it was sanity or insanity. End our misery and just let him go to prison. Death row or not, I know he won't last long in there

Ossama Hussein
Ossama Hussein

Everyone in Denver will take potshots at him if he walks on that shit

Ray Koren
Ray Koren

nothing 'tough' about it, dont start trolling me with your BS, there is no question he murdered 12 people in cold blood "On July 20, 2012, police arrested an unresisting Holmes next to his car behind the Century 16 theater, moments after the 2012 Aurora shooting" http://en.wikipedia.org/wiki/James_Eagan_Holmes

Jason Smith
Jason Smith

This trial is taking way to long. Fuck him and stop reporting on it.

Paul Falcon
Paul Falcon

For the most part I can be considered a progressive but I really feel there should be a fast lane to the electric chair for people like homes

esimmons2000
esimmons2000

You'd think someone in jail could take him out, if price was right.

Jessica Moore
Jessica Moore

Of course he's not fucking innocent, there is no way the jury can be improperly swayed by having the victims present, what happened happened and this motherfucker needs to rot away in prison already. Fuck all this innocent by reason of insanity bullshit. This was a premeditated massacre. He needs to pay the price.

Traci Thompson
Traci Thompson

Sentence him already. I'm tried of hearing about this and seeing his fake expression of crazy on tv. He's a loser and always was.

Empyrean Eclipse
Empyrean Eclipse

"Nutty" is too kind; moon-bat conspiracy bullshit would be more accurate Go back to infowars, dumb ass

Elliot Valentine
Elliot Valentine

What the fuck why can't someone just put him up to a firing squad. Why we wasting a single cent on that douce bag. Fire our officials. Bring back public executions for hainus crimes

Justin Kershman
Justin Kershman

Fuck that punkass little bitch! He needs to sit there and stare at them every day of his trial. His lawyers need their asses kicked to for even filing such a motion!

Michael Roque
Michael Roque

Witnesses that will testify are already barred from sitting in on the trial...

Walter Wax
Walter Wax

The wording is kind of "nutty" but I fact checked this stuff and it all appears true about his dad, his dads former job, his dad going to testify, and now that trial disappears. I wasnt there so I ne can only guess but it sounds fishy "Robert Holmes, the shooting suspect's father, is a senior lead scientist with FICO, the American credit score company. He was scheduled to testify in the next few weeks before a US Senate panel that is investigating the largest bank fraud scandal in world history. This banking fraud threatens to destabilize and destroy the Western banking system. Robert Holmes not only uncovered the true intent of the massive LIBOR banking fraud, but his "predictive algorithm model" also traced the trillions of "hidden"dollars to the exact bank accounts of the elite classes who stole it. In other words, Robert Holmes could NAME NAMES! Those names WOULD AWAKEN THE WORLD to the depth of government and corporate corruption which could includemembers of Congress, Wall Street, Federal Reserve and EU executives and could even include US Presidential candidates and the British Royal family"

Sean Nallen
Sean Nallen

Cops should have done what was needed in that parking lot

Kellie Sierra
Kellie Sierra

Unbelievable. ..this makes me sick....he shouldn't have any rights what so ever

Diane Stinson
Diane Stinson

Who the eff cares about what they want? Do you think the victims wanted to go through what they did?! UGH! This prick has NO RIGHTS!!!!!

Bailey Surface
Bailey Surface

Lame ass.... shoot him and see if he likes it.....

Brendan Flynn
Brendan Flynn

fuck your goddamn lawyers you fuckin' coward, execute this prick already

Andrew Defenbaugh
Andrew Defenbaugh

we juat need to end this story with a bag on his head and paralizing agent running through his veins period

DonkeyHotay
DonkeyHotay topcommenter

... spoken like a true Fascist.

muhutdafuga
muhutdafuga topcommenter

Because you don't really believe in the constitution.  Try him, if he is convicted as he almost surely will be, punish him in accordance with the law.


We are better than this murdering fool, I won't use his name.

fishingblues
fishingblues topcommenter

Golly wally, all they need do is show this at trial and he will be declared innocent.

vigilens_ex_noctis
vigilens_ex_noctis

@muhutdafuga you are one of the most reasonable commenters on here muhudafuga, and while I RESPECT your view (anti-death penalty) I am For the Death penalty,..just for more expedient reasons than the usual. (the usual being an emotionally charged, misplaced sense of outrage for the victims and desire for revenge against the offender.) It's simply too damn expensive to keep them alive really, and if they're proven guilty and given life, they serve only as a drain upon the economy which could be used better elsewhere.

muhutdafuga
muhutdafuga topcommenter

@vigilens_ex_noctis @muhutdafuga It would seem like what you are saying is correct, however, it is more costly to apply the death penalty than keeping them in prison.

I personally have very mixed thoughts about the death penalty.  Innocent people have been executed.  When we strip the accused of their rights, especially in cases that aren't as clear cut as this one, we significantly increase the chances that we execute the wrong person.  Then there are the morality questions associated with the death penalty.

I want to always stand against the "911 Effect," where a tragedy causes people to willingly kiss their constitutional protections goodbye.  While it is difficult to relate to the crazy shooter's rights, those very rights are YOUR rights as well.  When we give away another's rights, we give away our own.

Still, it is easy to understand why people would want to execute the theater shooting little maggot.


muhutdafuga
muhutdafuga topcommenter

@fishingbluesBut wait, there's more:

June 18, 2013
Glendon Scott Crawford, 49, and Eric J. Feight, 54, are arrested in upstate New York after a yearlong investigation and charged with conspiracy to provide material support to terrorists for use of a weapon of mass destruction. Crawford is a member of the United Northern and Southern Knights of the Ku Klux Klan and an industrial mechanic with General Electric; Feight is an outside contractor for GE with engineering skills. Officials say the two men, who call themselves “The Guild,” are well along the way toward building a truck-borne radiation weapon could be turned on remotely and that they hoped to use in the mass murder of Muslims and others. Crawford, who was said to be angry at President Obama, allegedly referred to the device as “Hiroshima on a light switch.” The men are arrested after unsuccessfully  seeking funding from Jewish groups and the Loyal White Knights of the Ku Klux Klan. In January 2014, Crawford is indicted for conspiring to use a weapon of mass destruction and related charges, while his alleged accomplice is reportedly in talks about a plea agreement that would involve testifying against Crawford.

Aug. 18, 2013
David Allen Brutsche, 42, and a woman described as Brutsche’s roommate, Devon Campbell Newman, 67, are arrested in Las Vegas after a months-long investigation into an alleged plot to kidnap and execute police officers. Both Brutsche, a convicted felon and registered sex offender, and Newman consider themselves “sovereign citizens” and have conducted recruiting seminars on sovereign ideology, officials say. Authorities say they intended to kidnap a police officer at random, detain the officer in a crude jail in a vacant house, “try” the officer in a “common-law” court, then execute the officer. The two are charged with felony conspiracy to commit murder, conspiracy to commit kidnapping, and attempted kidnapping. Newman pleads guilty in December 2013 to conspiracy to commit false imprisonment, a misdemeanor, and is sentenced to a year of probation and ordered to have no contact with Brutsche. Brutsche, who renounces sovereign citizen ideology during court proceedings, pleads guilty in February 2014 to conspiracy to kidnap police officers and receives five years’ probation. In a separate case involving failure to register as a sex offender, he receives 188 days in jail in addition to time served.

March 27, 2014
Robert James Talbot Jr., 38, is arrested in Katy, Texas, by FBI agents who say he was about to rob an armored car. He is alleged to have been plotting to use C-4 explosives and weapons to rob banks and armored cars, blow up government buildings and mosques, and kill police officers. Prosecutors say he is behind a Facebook page called “American Insurgent Movement,” on which he posted antigovernment screeds, called for violence against public officials, and ranted about Muslims and LGBT people. He used the page to attempt to persuade others to join his cause. Talbot faces federal charges of attempted interference with commerce by robbery, solicitation to commit a crime of violence and possession of an explosive material. The FBI opened an investigation into his activities in August 2013 after learning of his alleged desire to recruit others into terrorist activities.

April 13, 2014
Frazier Glenn Miller (aka Frazier Glenn Cross), 73, a longtime racist and anti-Semite, is arrested after a gunman opens fire at a Jewish community center and a Jewish retirement community in Overland Park, Kansas, a suburb of Kansas City. Three people are killed, including a 14-year-old Eagle Scout and his grandfather. Miller, a retired Army veteran and Green Beret, is the founder and former leader of the Carolina Knights of the Ku Klux Klan and the White Patriot Party, which he ran as paramilitary organizations in the 1980s. He was successfully sued by the SPLC for operating an illegal paramilitary organization and for using intimidation tactics against African Americans. Miller went underground in 1987 after he violated the court settlement and was convicted on criminal contempt charges. He was caught and served three years in federal prison on weapons charges in connection with plans to commit robberies and assassinate SPLC founder Morris Dees. As part of a plea deal, he testified against other Klan members in a 1988 sedition trial.

muhutdafuga
muhutdafuga topcommenter

@fishingbluesThen there are the right wing terrorists.  Not the middle eastern terrorists.  These freaks are bad Americans, like you, hairless:

At 9:02 a.m. on April 19, 1995, a 7,000-pound truck bomb, constructed of ammonium nitrate fertilizer and nitromethane racing fuel and packed into 13 plastic barrels, ripped through the heart of the Alfred P. Murrah Federal Building in Oklahoma City. The explosion wrecked much of downtown Oklahoma City and killed 168 people, including 19 children in a day-care center. Another 500 were injured. Although many Americans initially suspected an attack by Middle Eastern radicals, it quickly became clear that the mass murder had actually been carried out by domestic, right-wing terrorists.

The slaughter engineered by Timothy McVeigh and Terry Nichols, men steeped in the conspiracy theories and white-hot fury of the American radical right, marked the opening shot in a new kind of domestic political extremism — a revolutionary ideology whose practitioners do not hesitate to carry out attacks directed at entirely innocent victims, people selected essentially at random to make a political point. After Oklahoma, it was no longer sufficient for many American right-wing terrorists to strike at a target of political significance — instead, they reached for higher and higher body counts, reasoning that they had to eclipse McVeigh's attack to win attention.

What follows is a detailed listing of major terrorist plots and racist rampages that have emerged from the American radical right in the years since Oklahoma City. These have included plans to bomb government buildings, banks, refineries, utilities, clinics, synagogues, mosques, memorials and bridges; to assassinate police officers, judges, politicians, civil rights figures and others; to rob banks, armored cars and other criminals; and to amass illegal machine guns, missiles, explosives and biological and chemical weapons. [Each of these plots aimed to make changes in America through the use of political violence.] Most contemplated the deaths of large numbers of people — in one case, as many as 30,000, or 10 times the number murdered on Sept. 11, 2001.

muhutdafuga
muhutdafuga topcommenter

@fishingbluesHairless, there are more of you than anyone would want.  For example:

Republican congressman and anti-gay activist Robert Bauman of Maryland was charged with having sex with a 16-year-old boy he picked up at a gay bar.

Republican Committee Chairman and attorney Jeffrey Patti of Sparta, New Jersey was arrested for distributing a video clip of a 5-year-old girl being raped.

Republican activist Marty Glickman of Florida (a.k.a.“Republican Marty”), was taken into custody by Florida police on four counts of unlawful sexual activity with an underage girl and one count of delivering the drug LSD. It was Glickman, interestingly enough, that claimed Bill Clinton came from a low rent state and had torn down all of the standards for the highest office in the land.

Republican legislative aide Howard L. Brooks of Quartz Hill, California was charged with molesting a 12-year old boy and possession of child pornography.

Republican Senate candidate John Hathaway who had relocated to Maine from Huntsville, Alabama after having been accused of having sex with his 12-year old baby sitter and withdrew his candidacy after the allegations were reported in the media.

Republican preacher Stephen White of West Chester, Pennsylvania, who demanded a return to traditional values, was sentenced to jail after offering $20 to a 14-year-old boy for permission to perform oral sex on him.

Republican talk show host Jon Matthews of Houston, Texas pled guilty to exposing his genitals to an 11 year old girl.

Republican anti-gay activist Earl “Butch” Kimmerling of Anderson, Indiana was sentenced to 40 years in prison for molesting an 8-year old girl after he attempted to stop a gay couple from adopting her.

muhutdafuga
muhutdafuga topcommenter

@fishingblues @muhutdafugaThere's more:  

Republican Speaker of the Puerto Rico House of Representatives Edison Misla Aldarondo was sentenced to 10 years in prison for raping his daughter between the ages of 9 and 17.

Republican Committeeman John R. Curtain of Monroe County, Pennsylvania was charged with molesting a teenage boy and unlawful sexual contact with a minor.

Republican anti-abortion activist Howard Scott Heldreth of Kannapolis, N.C., is a convicted child rapist in Florida.

Republican zoning supervisor, Boy Scout leader and Lutheran church president Dennis L. Rader of Witchita, Kansas pled guilty to performing a sexual act on an 11-year old girl he murdered.

Republican anti-abortion activist Nicholas Morency of Camden, New Jersey pled guilty to possessing child pornography on his computer and offering a bounty to anybody who murders an abortion doctor.

Republican campaign consultant Tom Shortridge of Soputhbay, California was sentenced to three years probation for taking nude photographs of a 15-year old girl.

Republican racist pedophile and United States Senator Strom Thurmond of South Carolina had sex with a 15-year old black girl which produced a child.

Republican pastor Mike Hintz of Des Moines, Iowa, who George W. Bush commended during the 2004 presidential campaign, surrendered to police after admitting to a sexual affair with a female juvenile.

Republican legislator Peter Dibble of New London, Connecticut pled no contest to having an inappropriate relationship with a 13-year-old girl.

Republican advertising consultant Carey Lee Cramer of Arizona was charged with molesting his 9-year old step daughter after including her in an anti-Gore television commercial.

Republican activist Lawrence E. King, Jr. and Republican lobbyist Craig J. Spence both of Washington, D.C. organized child sex parties at the White House during the 1980s.

muhutdafuga
muhutdafuga topcommenter

@fishingblues @muhutdafugaQuit your fantasies about my ass, pervert.  About that list of your peers:  Republican County Constable Larry Dale Floyd was arrested on suspicion of soliciting sex with an 8-year old girl. Floyd has repeatedly won elections for Denton County, Texas, constable.

Republican judge Mark Pazuhanich of Wilkes Barre, Pennsylvania pled no contest to fondling a 10-year old girl and was sentenced to 10 years probation.

Republican Party leader Bobby Stumbo of Floyd County, Kentucky was arrested for having sex with a 5-year old boy.

Republican teacher and former city councilman John Collins of Asbury Park, New Jersey pled guilty to sexually molesting 13 and 14 year old girls.

Republican campaign worker Mark Seidensticker of Nashua, New Hampshire is a convicted child molester.

Republican Mayor Philip Giordano of Waterbury, Connecticut is serving a 37-year sentence in federal prison for sexually abusing 8 and 10-year old girls.

Republican Mayor John Gosek of Oswego, New York was arrested on charges of soliciting sex from two 15-year old girls.

Republican County Commissioner David Swartz of Richland County, Ohio pled guilty to molesting two girls under the age of 11 and was sentenced to 8 years in prison.

muhutdafuga
muhutdafuga topcommenter

@fishingblues @muhutdafugaI might reply with overwhelming data to prove everything you said was wrong, if you were more than just an annoying little gnat.

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