Tag: Aurora Shootings

A week-long hearing begins today for Aurora theater shooting suspect James Holmes.

It is both a preliminary hearing and a "proof evident/presumption great" (bail) hearing, which the court refers to as a "preliminary/proof evident" hearing, for short. (No, bail is not really on the table, but the Judge does have to make findings regarding it.)

The defense received permission last week to subpoena and call two witnesses at the hearing, over the objection of prosecutors. The Court's order, which nicely explains the purposes and dual character of the hearing is here. [More...]

A 17 year old student was in a juvenile detention center Sunday night after wearing a joker mask to a Colorado Century movie theater in Boulder. He didn't have a weapon or make any threats, but 5 patrons were scared enough to leave and call 911, which police say is enough for 5 misdemeanor menacing charges.

Menacing (18-3-206)

A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed: (a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or (b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.

Police say the student knew about the Aurora theater shootings which occurred while the Dark Knight was scheduled to be shown. Is that enough to show he knowingly placed people in imminent fear of bodily injury? Probably. [More...]

Aurora movie theater suspect James Holmes is now a defendant, charged with 24 counts of first degree murder, 116 counts of attempted first degree murder, one count of possession of an explosive or incendiary device, and one count which is a sentence enhancement for commission of a violent crime.

The Complaint and Information is here.

The first degree murder charges are under CRS 18-3-102(1)(a) and (1)(d). [More...]

Monday morning, James Holmes, the suspect in the Aurora movie theater shootings, will be advised of the charges against him. The DA previously said in a pleading not under seal there will 12 counts of first degree murder, attempted murder and other charges.

Holmes will not be called upon to plead tomorrow. It is not an arraignment, but an advisement.

There is one motion of interest that will be heard tomorrow -- the defense request for discovery pertaining to leaks about the package Holmes allegedly sent to a psychiatrist/professor (described here.) The DA filed this response, denying it has been established that law enforcement leaked the information. The DA says the news reports got so much wrong, they may just have fabricated their stories. The DA also says their office hasn't yet looked at the contents of the package. It was the Aurora Police Department, not the FBI, who obtained the search warrant, and there was one warrant, not two. [More...]

Update: The judge will set a briefing schedule and hearing date on Monday for a newly filed new motion by the media to unseal the court file. The motion is jointly filed by a variety of local and news groups. With exhibits (which include orders from the unsuccessful Kobe Bryant and Perrish Cox prosecutions), it's 85 pages. As to their request to unseal the docket (called register of actions in Colorado courts) I think the argument is good. We should be able to know what was filed, even if the contents of the actual documents are sealed. I don't think every document filed in the case is deserving of sealing, and a showing should be made with each such request. That said, I hope the media doesn't prevail on its request for public access at this juncture to search warrant affidavits.

Lawyers for James Holmes, the suspect in the Aurora movie theater shootings, today filed this motion requesting discovery concerning the federal and state law enforcement agents who were were aware of or involved in the investigation of the package Holmes allegedly sent to a psychiatrist/professor at C.U., details of which were leaked to the media. [More...]

At the request of the district attorney, Arapahoe County Chief District Court Judge William Sylvester has ordered the University of Colorado not to turn over James Holmes' school records to the media. The media requested the records pursuant to Colorado open records law. The order is here.

In its motion, available here, the People disclosed some of the charges it will be filing against James Holmes. They include 12 counts of first degree murder, numerous counts of attempted murder and other charges.

Yesterday, the Judge granted a defense motion for law enforcement compliance with its order restricting extra-judicial comments: [More...]

The Aurora Police Department has announced there will be no more updates on the Aurora Shootings due to the order entered Monday by Arapahoe County Chief District Judge William Sylvester who is presiding over the James Holmes case.

There were more leaks from law enforcement earlier today, most erroneous. Whatever James Holmes mailed to a professor/psychiatrist at the University of Colorado was sent before the shootings and received Monday. Even reports that Holmes has been spitting on guards are now reported to be false.

Everything in the case has been ordered sealed except the decorum order and denial of expanded media coverage order. [More...]

Arapahoe County District Court Judge William Sylvester entered this order today denying the media's request for expanded media coverage (audio, video and still photography) for Aurora shooting suspect James Holme's advisement on Monday. The hearing is open to the public and media who want to attend in person. The hearing is to advise Holmes of the charges the DA has filed against him.

A federal law enforcement source has leaked details to the media of the specifics of the explosive devices inside Holmes' apartment: [More...]

President Obama arrived in Colorado this afternoon to meet with the victims of the Aurora shootings.

Air Force One landed at Buckley Air Force Base in Aurora, Colorado, where he is expected to stay for a two-and-a-half-hour visit. He headed straight to the University of Colorado Hospital, one of several area medical centers that received shooting victims.

Obama will not attend a community prayer vigil, which is scheduled in Aurora Sunday night. He will be briefed on the investigation, officials said, and is expected to address the public before he leaves Colorado.

Aurora Police Chief Oates approves:

"These families need that kind of contact by our elected leader," Oates told CBS' "Face the Nation." ''It will be very powerful and it will help them. As awful as what they've been through and what they're going through has been, having the president here is very, very powerful."

[More...]