Skip to main content

Colorado shooting: Suspect is charged, no word on death penalty

James Holmes had his 2nd court appearance Monday, as prosecutors formally filed the charges against him.

James Holmes is charged with 24 counts of murder, 2 each for the 12 people killed, and 116 counts of attempted murder, two each for the 58 injured. The 24-year-old is charged with a shooting at an Aurora, Colo. movie theater. Mr. Holmes, accused of opening fire in an Aurora, Colo., movie theater this month, killing 12 people and injuring 58, was charged with 142 counts, including 24 counts of 1st-degree murder, 116 counts of attempted murder, 1 count of possession of an explosive device, and 1 count of a sentence enhancer for a crime of violence.

He was charged twice for each of individuals killed. Colorado has several different classes of murder charges. One set of the charges refers to the fact that Holmes allegedly shot after deliberation. The 2nd set accuses him of killing “under circumstances evidencing an attitude of universal malice manifesting extreme indifference to the value of human life generally."

Holmes also waived his right to a preliminary hearing within 35 days.

The judge, William Sylvester, set a date for a preliminary hearing on Nov. 12. The next court hearing in the case will be Aug. 9, when the court will address a motion filed by several media outlets to unseal records in the case. A court order has kept virtually all case documents sealed, and a gag order has limited what attorneys, police officers, and others can say about the case.

Holmes made his 1st court appearance a week ago; this time, cameras and electronic equipment were barred from the room.

The charges were hardly a surprise, since Holmes’s involvement in the shooting, and the nature of the crimes, seem clear. At this point, most of the speculation centers on whether Colorado prosecutors will seek the death penalty for Holmes, and whether his defense team will be able to mount an insanity defense.

Capital punishment in Colorado exists, though it’s seldom used. In the past 45 years, 1 person has been executed in the state: Gary Lee Davis, in 1997, for rape and murder. (Between 1972 and 1984, the state had no death penalty.) 3 people now sit on death row.

But it also seems likely that prosecutors will seek the death penalty in Holmes’s case.

“If James Holmes isn’t executed,” former Denver prosecutor Craig Silverman told Reuters last week, “Colorado may as well throw away its death penalty law.”

To qualify for the death penalty, Colorado law says, 1 of 17 aggravating factors must be present in addition to 1st-degree murder.

Holmes “satisfies many of them,” says Sam Kamin, a law professor at Denver University. The factors include killing multiple people, killing in an especially heinous or cruel way, lying in wait for the victim, and creating a grave risk of death for 1 or more people in addition to the victim.

“What we don’t know yet, and can’t know, is what the case for mitigation will be,” adds Professor Kamin. The murders and aggravating factors will have to be balanced against that case – most likely centered on Holmes’s mental state, he says.

Conflicting reports have emerged in the past 10 days about Holmes’s mental state, and what information about the attack he may have mailed to a University of Denver psychiatrist.

Court papers last week confirmed that Holmes was seeing a psychiatrist, Lynne Fenton, at the university, but it’s unclear what she was treating him for. News outlets also claimed that Holmes had mailed a package to Dr. Fenton that contained a sort of journal describing plans for the attacks in detail.

However, prosecutors have said that much of the reported information was inaccurate, though they have confirmed that the notebook exists. It’s unclear exactly what the notebook contains, and when the package was received – whether it had been sitting in the mailroom since July 12, as Fox News originally reported, or whether it arrived there the Monday after the shooting.

Holmes’s defense team has filed a motion seeking to determine whether prosecutors or police were responsible for leaking information about the package to media. That had been expected to be discussed at Monday’s court hearing, but was postponed.

Evidence already appears to exist that the shooting was premeditated and that Holmes spent months planning it. In particular, authorities say that Holmes began buying bullets and ballistic gear online 4 months ago, and bought 4 weapons at Colorado stores in May and June.

Such planning may make an insanity defense more difficult to prove. Ultimately, though, the success of such a defense in Colorado would rest on whether Holmes’s lawyers can prove that he was unable to tell right from wrong when he committed the attack.

“We don’t know what was going on inside the mind of what is clearly a disturbed individual,” says Kamin, adding that prosecutors will need to show that Holmes is sane enough to stand trial and was sane enough at the time of the crime to be held accountable for it. They will also need to address any possible mitigating factors in his past.

“The evidence of [Holmes’s] involvement is without question,” Kamin says. “The case is going to ultimately come down to the mental state of this defendant.”

Source: AP, July 30, 2012

Most viewed (Last 7 days)

'No Warning': The Death Penalty In Japan

Stakes for wrongful convictions are high in Japan, where the death penalty has broad public support despite criticism over how it is carried out. Tokyo: Capital punishment in Japan is under scrutiny again after the world's longest-serving death row prisoner, Iwao Hakamada, was awarded $1.4 million in compensation this week following his acquittal last year in a retrial. Stakes for wrongful convictions are high in Japan, where the death penalty has broad public support despite international criticism over how it is carried out.

Execution date set for prisoner transferred to Oklahoma to face death penalty

An inmate who was transferred to Oklahoma last month to face the death penalty now has an execution date. George John Hanson, also known as John Fitzgerald Hanson, is scheduled to die on June 12 for the 1999 murder of 77-year-old Mary Bowles.  The Oklahoma Court of Criminal Appeals on Tuesday set the execution date. The state’s Pardon and Parole Board has a tentative date of May 7 for Hanson’s clemency hearing, executive director Tom Bates said.

USA | Federal death penalty possible for Mexican cartel boss behind 1985 DEA agent killing

Rafael Caro Quintero, extradited from Mexico in 2022, appeared in Brooklyn court as feds weigh capital charges for the torture and murder of Agent Enrique Camarena NEW YORK — The death penalty is on the table for notorious drug lord Rafael Caro Quintero, the so-called “narco of narcos” who orchestrated the torture and murder of a DEA agent in 1985, according to federal prosecutors. “It is a possibility. The decision has not yet been made, but it is going through the process,” Assistant U.S. Attorney Saritha Komatireddy said in Brooklyn Federal Court Wednesday.

Inside Florida's Death Row: A dark cloud over the Sunshine State

Florida's death penalty system has faced numerous criticisms and controversies over the years - from execution methods to the treatment of Death Row inmates The Sunshine State remains steadfast in its enforcement of capital punishment, upholding a complex system that has developed since its reinstatement in 1976. Florida's contemporary death penalty era kicked off in 1972 following the U.S. Supreme Court's decision in Furman v. Georgia , which temporarily put a stop to executions across the country. Swiftly amending its laws, Florida saw the Supreme Court affirm the constitutionality of the death penalty in 1976's Gregg v. Georgia case.

Louisiana's First Nitrogen Execution Reflects Broader Method Shift

Facing imminent execution by lethal gas earlier this week, Jessie Hoffman Jr. — a Louisiana man convicted of abducting, raping and murdering a 28-year-old woman in 1996 — went to court with a request: Please allow me to be shot instead. In a petition filed with the U.S. Supreme Court on March 16 seeking a stay of his execution by nitrogen hypoxia, a protocol that had yet to be tested in the state, Hoffman requested execution by firing squad as an alternative.

A second South Carolina death row inmate chooses execution by firing squad

Columbia, S.C. — A South Carolina death row inmate on Friday chose execution by firing squad, just five weeks after the state carried out its first death by bullets. Mikal Mahdi, who pleaded guilty to murder for killing a police officer in 2004, is scheduled to be executed April 11. Mahdi, 41, had the choice of dying by firing squad, lethal injection or the electric chair. He will be the first inmate to be executed in the state since Brad Sigmon chose to be shot to death on March 7. A doctor pronounced Sigmon dead less than three minutes after three bullets tore into his heart.

Bangladesh | Botswana Woman Executed for Drug Trafficking

Dhaka, Bangladesh – Lesedi Molapisi, a Botswana national convicted of drug trafficking, was executed in Bangladesh on Friday, 21 March 2025. The 31-year-old was hanged at Dhaka Central Jail after exhausting all legal avenues to appeal her death sentence. Molapisi was arrested in January 2023 upon arrival at Hazrat Shahjalal International Airport in Dhaka, where customs officials discovered 3.1 kilograms of heroin hidden in her luggage. Following a trial under Bangladesh’s Narcotics Control Act, she was sentenced to death in May 2024. Her execution was initially delayed due to political unrest in the country but was carried out last week.

564 People On Death Row In India, Highest Since The Turn Of The Century

In 90% of of all death penalty sentences in 2024, trial courts imposed sentences in the absence of adequate information about the accused, finds a recent report Bengaluru: Following the uproar and the widespread protests after the August 2024 rape and murder of a medical professional in Kolkata’s RG Kar hospital, there were demands for death penalty for the accused. The state government passed the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill 2024 (awaiting presidential assent) which included mandatory death sentence for rape which results in death of the victim or if the victim is left in a vegetative state, despite such a mandatory sentence being unconstitutional.

Arizona | The cruelty of isolation: There’s nothing ‘humane’ about how we treat the condemned

On March 19, I served as a witness to the execution of a man named Aaron Gunches, Arizona’s first since 2022. During his time on death row, he begged for death and was ultimately granted what is likely more appropriately described as an emotionless state-assisted suicide. This experience has profoundly impacted me, leading to deep reflection on the nature of death, humanity, and the role we play in our final moments. When someone is in the end stages of life, we talk about hospice care, comfort, care, easing suffering and humane death. We strive for a “good death” — a peaceful transition. I’ve seen good ones, and I’ve seen bad, unplanned ones. 

South Carolina | Spiritual adviser of condemned inmate: 'We're more than the worst thing we've done'

(RNS) — When 67-year-old Brad Sigmon was put to death on March 7 in South Carolina for the murder of his then-girlfriend's parents, it was the first time in 15 years that an execution in the United States had been carried out by a firing squad. United Methodist minister Hillary Taylor, Sigmon's spiritual adviser since 2020, said the multifaceted, months long effort to save Sigmon's life, and to provide emotional and spiritual support for his legal team, and the aftermath of his execution has been a "whirlwind" said Taylor, the director of South Carolinians for Alternatives to the Death Penalty.