First court appearance

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Re: First court appearance

Post by Tamta on Mon Jul 30, 2012 6:09 pm

James Holmes faces 142 counts, including 24 of first-degree murder

Security was heavy, with police positioned on a rooftop of a building adjacent to the courthouse.

Like the first hearing, this hearing was largely technical in nature.

But it did provide the charges in a case that has been all but shut tight. Most of the documents in the case file -- including the arrest affidavit -- are sealed. A gag order significantly restricts what attorneys and law-enforcement officers can say about the case.

At the hearing Monday, prosecutors and defense attorneys were expected to debate two motions concerning case information, but that was postponed.

In the first, Holmes' attorneys were expected to argue that a notebook Holmes allegedly mailed to his psychiatrist prior to the shootings was privileged doctor-patient communication and should be turned over to the defense. Several news outlets, citing unnamed sources, have reported the notebook contained details of Holmes' plans. Holmes' attorneys have also asked Sylvester to order prosecutors to turn over any information that might point to who leaked details about the notebook to the media.

Prosecutors have not responded to the assertion that the notebook is privileged but have said they have not looked at its contents. They have also suggested that media reports about the notebook were fabricated -- even while confirming the existence of the notebook.

In the second motion, several media outlets, including The Denver Post, have asked Sylvester to unseal the case file. The motion notes that even the index of case filings and events -- know as a register of actions -- is sealed.

"This status quo violates the public's constitutional right of access to the records of criminal prosecutions," attorneys for the media outlets wrote in the motion.

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Re: First court appearance

Post by Tamta on Tue Jul 31, 2012 6:17 pm

Tamta wrote:
Chickenbutt wrote:I have a bit of an issue with "privledged info" in relation to anyone but your lawyer. But that is just me. I realize that it is okay to tell your doc and your religious advisor whatever you want and it is confidential.
But think about this (and btw, I just discussed this with hubby and he told me I was nuts).
If doctors were allowed to divulge past medical records of Holmes, the Columbine shooters, Timothy McVeigh (OK City Bombing) and other mass murderers, maybe they could find the common denominator that made them who they are and could help to identify others with the same propensities and stop them before they act. I dunno....just a thought and waaaaaay off topic...lol

This is an interesting topic and I am going to get back to you on this post after kiddos are to bed! 8)

Right now there are no none facts speaking to what if anything this doctor may have know.

Also I am Not a fox news fan and do not entirely agree with this guy CB but this guy happened to make some interesting points:


at some point, include a review of Fenton’s progress notes and other elements of Holmes’ medical chart, a review of Fenton’s and Holmes’ email accounts, a review of any data retrievable from Fenton’s and Holmes’ text messages and a deposition of Fenton in which she is questioned directly about any violent thoughts, whether delusional or not, Holmes may have shared with her.

The reason one can have no confidence that a story like the Colorado shooting will turn out to have no “fingerprints” from psychiatry on it is that psychiatry as a profession remains far too timid about hospitalizing the violent mentally ill against their will. Certainly, no one would suggest that anyone err on the side of caution, rather than the side of civil rights (not me, certainly), but I have found it very frustrating to battle again and again with colleagues when I urge them to hospitalize — or keep hospitalized more than a day or two — patients who present a clear risk to themselves or others.

Occasionally, in fact, people will confess extremely concerning thoughts in my office, some of them even in response to hallucinations, then be released from the emergency rooms where I have them taken (sometimes by police) because they “contract for safety” (meaning, faced with being placed on a locked psychiatric unit they — not surprisingly — promise not to hurt anyone).

Medical insurance companies are accomplices in this incredibly dangerous game. They often refuse to pay for inpatient hospitalization for any individual who is willing to retract a violent threat once in the emergency room, despite the fact that it was made with grave seriousness in a doctor’s office or to a family member.

Again, as I have said before, the tragedy in Colorado will turn out to have nothing whatsoever to do with gun laws and everything to do with our broken mental health care system. Just watch.



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Re: First court appearance

Post by Chickenbutt on Tue Jul 31, 2012 6:26 pm

Tamta. I have in fact, released some of those individuals you speak about. Some have no insurance, which means no one will take them in. Sometimes there is no room in the psych hospitals. And they certainly cannot take up valuable bed space in the ED, so they are turned out ino the street, released to relatives ot friends. I agree with you, our mental health sysytem is broke.


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Re: First court appearance

Post by Tamta on Tue Jul 31, 2012 6:29 pm

Chickenbutt wrote:Tamta. I have in fact, released some of those individuals you speak about. Some have no insurance, which means no one will take them in. Sometimes there is no room in the psych hospitals. And they certainly cannot take up valuable bed space in the ED, so they are turned out ino the street, released to relatives ot friends. I agree with you, our mental health sysytem is broke.

BBM

I am sure that is a harsh reality that speaks to many professionals, family members, and friends of mentally ill people.

it is sad and complicated.

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Re: First court appearance

Post by snowbird on Fri Aug 03, 2012 2:52 pm

Chickenbutt wrote:Tamta. I have in fact, released some of those individuals you speak about. Some have no insurance, which means no one will take them in. Sometimes there is no room in the psych hospitals. And they certainly cannot take up valuable bed space in the ED, so they are turned out ino the street, released to relatives ot friends. I agree with you, our mental health sysytem is broke.
Here in Louisiana the governor cut medical cost which cut down the beds in psych hospital that would take the patients that are not ensured. I know the hospital was supposed to try to work out keeping the beds, but I am not sure it worked out.
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Re: First court appearance

Post by Chickenbutt on Fri Aug 10, 2012 11:58 pm

ATTENTION EVERYONE

Hi everyone! Just wanted to let you all know that CN and I will be having a meeting on Sunday with a "techie" that is much smarter than either of us. We need all your suggestions to improve the site and your enjoyment. Please post your suggestions on the new "Suggestion" thread. No improvement or idea is to small to address. Please tell us exactly what you would like so we can make your experience here at CrimeWatchers as enjoyable as possible. Remember, no suggestion or idea is to small.
Thank you,
CN and CB.



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Re: First court appearance

Post by snowbird on Thu Sep 06, 2012 8:30 pm

Alabama School Rejected James Holmes

DENVER -- Professors at the University of Alabama evaluated accused Aurora Theater shooter James Holmes with high marks but questioned his personality, CALL7 Investigators found.
Holmes interviewed at the Alabama school in February 2011, and the following month was sent a letter informing him that he was not recommended for admission

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Re: First court appearance

Post by snowbird on Thu Sep 06, 2012 8:34 pm

Judge In Theater Shooting Case Questions Strange Court Briefs

DENVER -- The judge on the case of the Aurora theater shooting filed a motion Thursday after several pleadings were filed in the case with fake names.
The order concerned an Aug. 27 filing that stated "I believe in my heart that James Holmes in innocent. James Holmes must be released asap. James is being framed by Philip Anschutz, police chief Dan Oates, and the illuminati."
The filing continued, "District Attorney Carol Chambers & Police chief Dan Oates came to my house and told me they are going to arrest me for online prostitution and escourt (sic) services and charity fraud, and to make a deal with them to pretend I was a victim in this case. Dan Oates then shot me … in places that were not life threatening."

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Re: First court appearance

Post by Chickenbutt on Sun Sep 16, 2012 1:02 pm

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Jose Baez, the former defense attorney in the Casey Anthony case, is representing victims’ families in a possible lawsuit related to the Colorado theater shooting

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Re: First court appearance

Post by Chickenbutt on Sun Sep 16, 2012 1:04 pm

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DENVER (AP) — An attorney who represented Casey Anthony, the Florida woman acquitted in the murder of her 2-year-old daughter Caylee last year, has been retained by the mother of one of the victims of last month's theater shooting in Aurora.


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Re: First court appearance

Post by Chickenbutt on Thu Sep 20, 2012 7:13 pm

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Prosecutors in the case against James Holmes gave up their pursuit of the notebook Holmes mailed to his psychiatrist before the July 20 theater massacre in which 12 were killed and at least 58 were wounded, the Denver Post reported Thursday.

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Re: First court appearance

Post by angiefly2 on Thu Sep 20, 2012 8:12 pm

James Holmes Prosecution Wants 10 More Charges
Colorado prosecutors in the Aurora theater shooting case are asking a judge to charge accused shooter James Holmes with 10 more counts, bringing the total number against him to 152.
According to the Denver Post, prosecutors also asked Judge William Sylvester of the 18th Judicial District to amend 17 charges, including 16 attempted murder charges and the one count of crime-of-violence sentence enhancement. Casimir Spencer, a spokeswoman for the 18th Judicial District Attorney’s office could not comment on the development due to a gag order on the case.

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Re: First court appearance

Post by snowbird on Tue Mar 12, 2013 11:25 am

James Holmes Update: Colo. theater shooting suspect expected to enter plea today

(CBS/AP) DENVER - James Holmes, the accused gunman in the deadly Colorado theater shooting last July, is expected to enter a plea in court today. It comes nearly eight months after he went on a shooting rampage that killed 12 people during a screening of the latest Batman movie.

If Holmes, 25, pleads not guilty by reason of insanity, he would be examined by doctors at the state mental hospital and could be given "truth serum" under a court order
issued Monday to help determine whether he is legally insane.

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Re: First court appearance

Post by snowbird on Wed Mar 13, 2013 9:01 am

His attorney said they weren't ready to enter wheatear he was not guilty or not guilty by reason of insanity so the judge enter a not guilty and said they could change this at a later date.
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Re: First court appearance

Post by Chickenbutt on Tue May 07, 2013 10:30 pm

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Attorneys for Colorado movie theater shooting suspect James Holmes on Tuesday filed their intent to enter a plea of not guilty by reason of insanity on behalf of their client.


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Re: First court appearance

Post by LiveLaughLove on Wed May 08, 2013 9:27 am

Heard on the news last night.

Holmes will change his plea to not guilty by reason of insanity!

I believe his counsel thinks this is the only way he will avoid the death penalty..Why would they try to save him? I know, it's their job...
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Re: First court appearance

Post by LiveLaughLove on Wed May 08, 2013 9:29 am

Colorado shootings suspect to enter insanity plea
By DAN ELLIOTT

The man accused in the deadly Colorado theater shootings wants to change his plea to not guilty by reason of insanity, his lawyers said Tuesday, despite their fears that the plea could severely hamper his ability to mount a defense against the death penalty.

James Holmes is charged with more than 160 counts of murder and attempted murder in the July 20 assault on a packed Aurora movie theater that killed 12 and injured 70. Prosecutors announced last month they would seek the death penalty.

Holmes was widely expected to plead insanity given the compelling evidence against him, but his attorneys put it off for weeks, saying state laws on the death penalty and insanity overlap in ways that violate his constitutional rights and his ability to mount an effective defense.

One of their worries: If Holmes doesn't cooperate with doctors who will evaluate his sanity at the state mental hospital, he could be barred from calling witnesses to testify about his mental condition during sentencing. That would make it nearly impossible for his lawyers to use his mental state as an argument against the death penalty.

"If you don't cooperate during the evaluation phase, you lose the right to call witnesses in your own behalf who could help convince a jury that your life should be spared," said Karen Steinhauser, an adjunct law professor and former prosecutor.



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Re: First court appearance

Post by Chickenbutt on Sun Jun 30, 2013 9:56 am

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Colorado theater shooting suspect James Holmes will wear a hidden harness under his clothes to restrain him during his trial, which will have the largest jury pool in state history.
 
Holmes is accused of killing 12 people and wounding dozens more in an Aurora movie theater.
 
He will wear the harness, which will be anchored to the floor, because of the violent nature of his alleged crimes, a judge said.
 
Despite the notoriety of the mass shooting, the judge ruled Thursday that the empaneled jury will not be sequestered, as Holmes' defense team requested. Making it so they couldn't go home throughout the prolonged trial, Samour said, was an "unnecessarily drastic, expensive and impractical remedy that ... will create an extreme and undue hardship for jurors."

The judge also ruled against the defense's attempt to prevent jurors from using phones or computers, barring their use in court but saying preventing them from using them outside is "unreasonable and unfair."

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