New Castle News

Hot Topics

July 31, 2012

Colorado shooting suspect facing murder charges

CENTENNIAL, Colo. (AP) — James Holmes appeared just as dazed as he had in his first court hearing after the deadly Colorado movie theater massacre.

Holmes, 24, sat silently in a packed Denver-area courtroom yesterday, as a judge told him about the charges filed against him, including murder and attempted murder, in one of the deadliest mass shootings in recent U.S. history.

After the charges were read, prosecutors and defense attorneys sparred over whether a notebook that news reports said Holmes sent to his psychiatrist and had descriptions of the attack was privileged information.

It’s an argument that foreshadows one of the case’s most fundamental issues: Does Holmes have a mental illness and, if so, what role did it play in the shooting that left 12 people dead and 58 others injured?

Sam Kamin, a law professor at the University of Denver, said there is “pronounced” evidence that the attack was premeditated, which would seem to make an insanity defense difficult. “But,” he added, “the things that we don’t know are what this case is going to hinge on, and that’s his mental state.”

In all, prosecutors charged Holmes with 142 counts in the shooting rampage at a midnight showing of the new Batman movie.

Holmes faces two first-degree murder charges for each of the 12 people killed and two attempted first-degree murder charges for every one of the 58 injured in the July 20 shooting.

The maximum penalty for a first-degree murder conviction is death. The multiple charges expand the opportunities for prosecutors to obtain convictions.

“It’s a much easier way for the prosecution to obtain a conviction,” said Denver defense attorney Peter Hedeen. “They throw as many (charges) up as they can. If you think you can prove it three different ways, you charge it three different ways.”

Unlike Holmes’ first court appearance July 23, yesterday’s hearing was not televised. At the request of the defense, District Chief Judge William Sylvester barred video and still cameras from the courtroom, saying expanded coverage could interfere with Holmes’ right to a fair trial.

A shackled Holmes did not react as the charges were read. At one point, Holmes, his hair still dyed orange-red, leaned over to speak with one of his lawyers and furrowed his brow. When the judge asked him if he was OK with postponing a hearing so his team could have time to prepare, he said softly: “Yeah.”

Some court spectators yesterday wore Batman T-shirts. Several people clasped their hands and bowed their heads as if in prayer before the hearing. At least one victim attended, and she was in a wheelchair and had bandages on her leg and arm.

Jessica Watts, whose cousin Jonathan Blunk was killed in the shootings, said in a written statement that she believes in the justice system. “He will be held accountable for his actions and we, Jonny’s family, will continue to mourn the hole we now have in our lives.”

For the murder charges, one count included murder with deliberation, the other murder with extreme indifference. Both counts carry a maximum death penalty upon conviction; the minimum is life without parole.

In addition, Holmes was charged with one count of possession of explosives and one count of a crime of violence. Authorities said Holmes booby trapped his apartment with the intent to kill any officers responding there the night of the attack.

A conviction under the crime of violence charge means that any sentence, including life terms, would have to be served consecutively, not concurrently, said Craig Silverman, a former chief deputy district attorney in Denver.

That ensures that if laws change in the future, the person convicted would still serve a lengthy sentence, Silverman said.

Analysts expect the case to be dominated by arguments over the defendant’s sanity.

Under Colorado law, defendants are not legally liable for their acts if their minds are so “diseased” that they cannot distinguish between right and wrong. However, the law warns that “care should be taken not to confuse such mental disease or defect with moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred, or other motives, and kindred evil conditions.”

Holmes’ public defenders could argue he is not mentally competent to stand trial, which is the argument offered by lawyers for Jared Loughner, who is accused of killing six people in 2011 in Tucson, Ariz., and wounding several others, including U.S. Rep. Gabrielle Giffords.

If Holmes goes to trial and is convicted, his attorneys can try to stave off a possible death penalty by arguing he is mentally ill.

Prosecutors will decide whether to seek the death penalty in the coming weeks.

Defense attorney Tamara Brady said yesterday she will subpoena University of Colorado, Denver, psychiatrist Lynne Fenton, whom Holmes had been seeing, to testify in a dispute over whether the notebook is privileged because of a possible doctor-patient relationship.

Arapahoe County District Attorney Carol Chambers disputed news reports that the notebook contained descriptions of an attack.

Text Only | Photo Reprints
Hot Topics
  • brown.jpg Prosecutors granted stay in Jordan Brown decision

    A hearing on the status of a boy accused in a 2009 fatal shooting has been canceled. The hearing on 15-year-old Jordan Brown’s detention had been planned for Lawrence County Court today, but was canceled after prosecutors requested, and received, a stay in the proceedings.

    May 13, 2013 1 Photo

  • Krastek.jpg Jordan Brown Case: Next step unclear, attorneys say

    The Jordan Brown case has stretched into its fifth year. But it is not over yet. And the lawyers representing the 15-year-old don’t know exactly what will happen next.

    May 10, 2013 1 Photo 1 Story

  • Jordan Brown Case: Victim’s parents ‘devastated’ by ruling

    Kenzie Houk’s parents are devastated — again. The first time was when she was fatally shot in February, 2009. The second time was Wednesday, when they learned of a ruling by the Pennsylvania Superior Court.

    May 10, 2013

  • brown.jpg Appeals court overturns Jordan Brown ruling

    A Pennsylvania appeals court has overturned the Jordan Brown decision in Lawrence County. As a result, a new juvenile proceeding will be needed for the now-15-year-old accused in the 2009 shooting death of his father’s pregnant fiancée, Kenzie Houk.

    May 9, 2013 1 Photo

  • harness.jpg Local officials keep hope alive for track

    Penn National Gaming’s plans to proceed with an Austintown racetrack has not killed hopes for a Lawrence County track/casino. “We’re still in a holding pattern,” state Sen. Elder Vogel Jr. said.

    May 3, 2013 1 Photo

  • harness.jpg Ohio gives Penn National the go-ahead

    The Ohio Racing Commission Wednesday gave Penn National Gaming the green light to relocate two racetracks. The approval was unanimous to transfer a thoroughbred racetrack from Columbus to Austintown and a harness track from Toledo to Dayton.

    May 2, 2013 1 Photo

  • Ohio tracks still waiting for design decision

    The wait for a racetrack in Austintown continues. The Ohio State Racing Commission members Tuesday agreed to extend the time it will take to reach a decision on the design of racetracks proposed by Penn National Gaming Inc.

    April 17, 2013

  • money.jpg Authority to vote on Citigroup for track bond issue

    A county authority will vote publicly on an underwriter for a revenue bond issue for a proposed racetrack. The Lawrence County Industrial Development Authority will meet at 10 a.m. April 24 at the Lawrence County Economic Development Corp. office to act on the county commissioners’ recommendation of Citigroup Global Markets Inc. as the lending institution for a revenue bond.

    April 17, 2013 1 Photo

  • money.jpg Citigroup to underwrite county’s track financing

    Citigroup has been chosen to underwrite the county’s share of financing for the racetrack/casino proposed for Mahoning Township. The bank will issue bonds or notes to finance part of the $400 million project proposed for Lawrence County.

    April 10, 2013 1 Photo

  • money.jpg Ohio’s demands to delay Penn National progress

    Penn National Gaming will have another six months to meet Ohio Racing Commission demands. In a special meeting yesterday, commission members asked Penn National to redesign the $125 million racetrack set for Austintown.

    March 28, 2013 1 Photo

Community Calendar
Loading…
Events by eviesays.com
House Ads
Poll

The Lawrence County commissioners have decided to solicit proposals for the private operation of the county jail. Good idea?

Yes. If it’s a more efficient way to run the jail, I’m all for it.
No. I think there would be too many questions of liability for the county.
Not sure. The county seems to be doing a good job of running the jail now. Why break it if it’s not broken?
     View Results
Poll

The Lawrence County commissioners have decided to solicit proposals for the private operation of the county jail. Good idea?

Yes. If it’s a more efficient way to run the jail, I’m all for it.
No. I think there would be too many questions of liability for the county.
Not sure. The county seems to be doing a good job of running the jail now. Why break it if it’s not broken?
     View Results