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)

South Carolina | Inmate who believes he’s died repeatedly can’t be executed, judge rules

SPARTANBURG — A 59-year-old man sentenced to death for killing a state trooper in Greenville County in 2000 can’t be executed because of a mental illness that’s left him incoherent and believing he’s immortal, a Circuit Court judge has ruled. John Richard Wood is the first condemned inmate in South Carolina found not competent to be executed since the state restarted capital punishment in September 2024. The seven executions since then include three men who chose to die by firing squad — the latest in November. Wood, convicted 24 years ago, was among death row inmates in line to receive a death warrant after exhausting their regular appeals.

Idaho eyes restart of death row executions as firing squad draws near

BOISE, Idaho — Idaho’s prison system has nearly completed execution chamber upgrades to carry out the death penalty by firing squad as the state’s lead method and will have a team of riflemen ready to go by the time a state law takes effect this summer. As part of the transition, the Idaho Department of Correction hopes to limit participation by its officers as the shooting of condemned people in prison to death is prioritized over lethal injection. Toward that effort, prisoner leadership sought to implement a push-button technology to avoid needing IDOC workers to pull the triggers.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

China | Man sentenced to death for murder executed in Yunnan

Tian Yongming, who was initially sentenced for a series of violent crimes and then had his sentence changed to death early this year, has been executed in Yunnan province following approval from China's top court. The execution was carried out by the Intermediate People's Court in Yuxi, Yunnan, on Tuesday, with local prosecutors supervising the process. Before the execution, Tian was allowed to meet with his family members. The case dates back to September 1996, when Tian was sentenced to nine years in prison for the rape and attempted murder of his sister-in-law. After his release on July 15, 2002, he plotted revenge against the woman. On the night of Nov 13, 2002, he broke into her home armed with a knife.

South Dakota | Latest appeal from state's lone death row inmate denied

SIOUX FALLS, S.D. (KELO) — The U.S. Court of Appeals for the 8th Circuit has rejected the latest appeal from Briley Piper, the only person on death row in South Dakota. In March 2000, Briley Piper, along with co-defendants Elijah Page and Darrell Hoadley, conspired to burglarize the Lawrence County home of 19-year-old Chester Poage before abducting and murdering him by beating, stabbing, and stoning in a remote area.  Piper was subsequently arrested, convicted of murder, and sentenced to death, while his accomplices received either a death sentence—carried out against Page in 2007—or a sentence of life imprisonment without parole. 

Iran to execute first woman linked to mass protests after ‘forced confessions’

Bita Hemmati and three others have been sentenced to death for 'collusion' and 'propaganda.' Advocates claim the charges are baseless, citing a secretive process and state-televised interrogations. Iranian authorities are preparing to execute Bita Hemmati, the first woman sentenced to death in connection with the mass protests in Tehran in late December and January, according to the US-based non-profit the Human Rights Activists News Agency. Judge Iman Afshari, of Branch 26 of the Tehran Revolutionary Court, sentenced Hemmati, her husband, Mohammadreza Majidi Asl, and Behrouz Zamaninezhad, and Kourosh Zamaninezhad to death on the charge of “operational action for the hostile government of the United States and hostile groups,” in addition to discretionary imprisonment period of five years on the charge of “assembly and collusion against national security.”  

Texas | James Broadnax's appeals: US Supreme Court denies 2 claims, confession pending

Despite an 11th-hour confession from another man, James Broadnax is slated to be executed by the state of Texas later this week.  Broadnax, 37, is scheduled to be put to death by lethal injection April 30 in Huntsville. He was condemned by a Dallas County jury in 2009 for the deaths of Stephen Swan, 26, and Matthew Butler, 28, outside their Garland music studio. Broadnax and his cousin, Demarius Cummings, had set out to rob the men, but left with only $2 and a 1995 Ford, according to previous reporting from The Dallas Morning News. 

Florida executes Chadwick Scott Willacy

STARKE, Fla. -- A Florida man who set his neighbor on fire after she returned from work to find him burglarizing her home was executed Tuesday evening. Chadwick Scott Willacy, 58, received a three-drug injection and was pronounced dead at 6:15 p.m. at Florida State Prison near Starke for the 1990 killing of Marlys Sather. It was Florida's fifth execution this year. The curtain to the execution chamber went up promptly at the scheduled 6 p.m. time, and the lethal injection got underway two minutes later, after Willacy made a brief statement.

Arizona | Man who murdered pastor crucifixion style requests plea deal after parents killed in plane crash

Adam Sheafe, the California man who admitted to killing a New River, Arizona, pastor in a crucifixion-style attack, has asked prosecutors to offer him a plea deal that would result in a natural life sentence rather than the death penalty he had previously sought. Advisory council attorneys representing Sheafe sent a formal plea offer to prosecutors this week, about two weeks after his father and stepmother died in a plane crash at Marana Airport on April 8, according to 12 News. Sheafe, 51, is charged with first-degree murder in the death of William Schonemann, 76, pastor of New River Bible Church, who was found dead inside his home last April.

Florida executes James Ernest Hitchcock

STARKE, Fla. (AP) — A Florida man convicted of beating and choking his brother’s 13-year-old stepdaughter to death nearly 50 years ago was executed Thursday evening. James Ernest Hitchcock, 70, was pronounced dead at 6:12 p.m. following a lethal injection at Florida State Prison near Starke. He was convicted of the July 1976 killing of Cynthia Driggers. The curtain to the death chamber opened promptly at the 6 p.m. execution time. Hitchcock’s entire body was covered in a sheet up to his head. He stared at the ceiling as the team warden made a call, then gave his final statement.