lets just hope he don't slip through the cracks and he gets what he deserves.
14 Dead Colorado Theater (2 Viewers)
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lets just hope he don't slip through the cracks and he gets what he deserves.
It's the States and yep, that easy money - usually easier to just pay and shut the person up instead of being dragged through the mud by the media.I don't understand why everyone is so quick to sue someone. Oh wait I forgot everyone wants that easy money
Luckily, Canada hasn't fallen suit with this hastiness unless it's a clear cut case. Well, except in the case of some woman in Toronto was apparently told by her doctors that her giving birth would be painless. It musta hurt like a son-of-a-bitch because as soon as her twat healed up she sued the hospital, the staff and the doctors. She lost.
Formally charged with 24 counts of murder.
http://www.tmz.com/2012/07/30/james-holmes-charged-24-counts-murder/
http://www.tmz.com/2012/07/30/james-holmes-charged-24-counts-murder/
Judge in Colorado shooting must decide fair trial versus transparency
Sun Aug 5, 2012 1:02pm EDT
(Reuters) - The proceedings against accused Colorado shooter James Holmes will run into a tough question this week, one faced in many high-profile criminal cases: How do you balance the defendant's right to a fair trial with the public's right to know?
Holmes is accused of killing 12 people and wounding 58 others at a midnight screening of "The Dark Knight Rises" movie in a Denver suburb last month in one of the worst outbursts of U.S. gun violence in recent years. He is charged with 24 counts of first-degree murder and 116 counts of attempted murder.
In most court cases, documents are available to the public, but Judge William Sylvester sealed the Holmes case on July 20 at the request of prosecutors. Major media organizations have asked the judge to unseal the documents, citing the public's right of access.
Sylvester has set a hearing for Thursday to decide whether to do so. He has asked prosecutors to respond to the motion by Monday and Holmes's lawyers by Thursday, according to an attorney for the media companies.
Among the documents the media want to see are affidavits that law enforcement officers would have filed before arresting Holmes, which would show why the officers thought that Holmes was the shooter.
The media companies also want to see the prosecutors' motion to seal the case, other motions that have been referenced in court, plus two defense motions "that we don't know what they are about at all," a lawyer for the media companies, Steven Zansberg of Levine Sullivan Koch & Schulz, said in an email.
It is unclear whether prosecutors or Holmes' attorney will oppose the media's request.
In similar cases, the government often raises concerns that making certain documents public would jeopardize an ongoing investigation. Defendants, meanwhile, often raise privacy concerns and the fear that pretrial publicity would jeopardize their right to a fair trial. Judges may also lean toward sealing such cases out of respect for victims and their families.
A representative of Arapahoe County District Attorney Carol Chambers said her office is not commenting on the case. Douglas Wilson, a court-appointed attorney for Holmes, did not return a call seeking comment.
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treeghost
winter sucks
Fair trial for a guilty person, eh. Same old thing too, they always want mercy after they showed none 
AND he ruined going to the movies forever
seriously though he needs kept in a cell for the rest of his miserable life.
Why release people after years in the psychoward who the doctors think are 'ok now' when he seemed ok before he walked into a crowd and opened fire.
AND he ruined going to the movies forever
seriously though he needs kept in a cell for the rest of his miserable life.Why release people after years in the psychoward who the doctors think are 'ok now' when he seemed ok before he walked into a crowd and opened fire.
Fair trial for a guilty person, eh. Same old thing too, they always want mercy after they showed none
AND he ruined going to the movies forever
Why release people after years in the psychoward who the doctors think are 'ok now' when he seemed ok before he walked into a crowd and opened fire.
Clearly he is a victim of society, and he is the real victim. If he was more social or had more friends this clearly would of never happened.
I think that he is more a victim of his own psychosis. Friends would never have seen something like this coming.Clearly he is a victim of society, and he is the real victim. If he was more social or had more friends this clearly would of never happened.
James Holmes' Psychiatrist Contacted University Police Weeks Before Movie-Theater Shooting: ABC Exclusive
Aug. 6, 2012
The psychiatrist who treated suspected movie-theater shooter James Holmes made contact with a University of Colorado police officer to express concerns about her patient's behavior several weeks before Holmes' alleged rampage, sources told ABC News.
The sources did not know what the officer approached by Dr. Lynne Fenton did with the information she passed along. They said, however, that the officer was recently interviewed, with an attorney present, by the Aurora Police Department as a part of the ongoing investigation of the shooting.
Fenton would have had to have serious concerns to break confidentiality with her patient to reach out to the police officer or others, the sources said. Under Colorado law, a psychiatrist can legally breach a pledge of confidentiality with a patient if he or she becomes aware of a serious and imminent threat that their patient might cause harm to others. Psychiatrists can also breach confidentiality if a court has ordered them to do so.
"For any physician to break doctor-patient confidentiality there would have to be an extremely good reason," said Dr. Carol Bernstein, a psychiatrist at NYU Langone Medical Center and past president of the American Psychiatric Association.
Bernstein has no specific knowledge of the Holmes case and spoke in general terms.
"Confidentiality is a key part of the doctor-patient relationship," she said. "It is central to everything we do."
ABC News and affiliate KMGH-TV in Denver first reported Wednesday that Fenton had contacted other members of the university's threat-assessment team about her concerns. The university-wide, threat-assessment team reportedly never met to discuss Holmes after he announced his intent to withdraw from the University nearly six weeks before the July 20 shooting that left 12 dead and 58 injured.
University of Colorado spokeswoman Jacque Montgomery declined to comment on what, if anything, the university police officer might have done with information provided by Fenton, citing a court-issued gag order preventing her from confirming or denying any information related to Fenton or the investigation.
In a written statement to ABC News, however, the university said campus police officers are "frequently involved" in meetings of the university's Behavioral Evaluation and Threat Assessment (BETA) team.
The statement went on to say that police involvement with threat assessment "could include security matters, badge access, background checks, wellness checks, criminal investigations and referrals and outreach to other law enforcement agencies."
An attorney for Fenton declined to comment.
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Colorado does have the Death penalty but have not used it since 1977. And for sure, the prosecution will probably seek the death penalty for Holmes. Only problem then that Holmes will sit on death row for a few years or more as his defense lawyers make appeals or using the insanity card.
And yes, I'm sure that many folks in Colorado would like to see him publicly executed.
And yes, I'm sure that many folks in Colorado would like to see him publicly executed.
Gotta love the modern world's view of "justice."
dear D.H. you said that :his defense lawyers will use the insanity card , that is clearly abvious , but whos the stupid in this world that will beleav that this killer is insane or mad , no i dont think so he is planning for what shit he did since long time ago , and proffisionally . so this card (insanity) is shit , and i feel sorry for those families and for the big lost they had becouse of this mad .
You are right: no one will believe the insanity card. But his defense doesn't have to prove he is insane to the judge or jurors - they just have to create a shadow of a doubt that maybe he is or was crazy. That alone will change everything if they can pull it off.
Sad but that's how the judiciary system works.
Colo. shooting suspect James Holmes' lawyers: He's mentally ill
(CBS/AP) CENTENNIAL, Colo. - Attorneys for the suspect in the Colorado movie theater shootings said Thursday their client is mentally ill and that they need more time to assess the nature of his illness.
James Holmes' lawyers made the disclosure at a court hearing in suburban Denver where news media organizations were asking a judge to unseal court documents in the case.
Holmes, a 24-year-old former Ph.D. student at the University of Colorado, Denver, had the familiar, dazed demeanor that he has had in previous court appearances.
Holmes is accused of going on a July 20 shooting rampage at a midnight showing of the latest Batman movie in Aurora, killing 12 people dead and injuring 58 others.
Defense attorney Daniel King made the revelation about Holmes as he argued defense attorneys need more information from prosecutors and investigators to assess their client.
"We cannot begin to assess the nature and the depth of Mr. Holmes' mental illness until we receive full disclosure," he said.
King said Holmes sought out university psychiatrist, Lynne Fenton, for help. He did not elaborate. A hearing was scheduled for Aug. 16 to establish whether there is a doctor-patient relationship between Fenton and Holmes. CBS News has learned Fenton reported concerns about Holmes to University of Colorado police. The university has retained attorneys for both Dr. Fenton and the police officer.
The hearing was held because CBS News, the Associated Press, and 19 other news organizations are asking Chief District Judge William Sylvester to make available documents that could provide details about Holmes and the July 20 attack.
Holmes did not have to be in court, CBS news correspondent John Blackstone reports, but his lawyers made no requests to have his presence waived.
Arapahoe County prosecutors said earlier that releasing documents could jeopardize their investigation. Holmes' attorneys want to ensure he receives a fair trial.
Sylvester's order sealing documents includes the case file, which makes it impossible for observers to understand prosecution and defense arguments on motions that are referenced by number only.
Sylvester on July 23 also issued a gag order that bars officials at the University of Colorado from responding to public records requests concerning Holmes.
The judge said doing so would jeopardize the county's investigation. Aurora officials have cited the order in declining to speak about the city's response to the shootings.
"It is performing our watchdog role to look at the process and try to assess for the public how the police have handled the case and assembled the evidence and assure for the defendant and the public that things are being conducted open and fairly," said Gregory Moore, editor of The Denver Post. "It goes way beyond what's necessary to protect the defendant's right to a fair trial."
Court documents, which include search warrants, inventories of evidence collected by police and police interviews with witnesses can be an important source of information for the public.
Little is known about how police say Holmes prepared for the shooting, or how they say he rigged his nearby apartment with explosives. Aurora Police Chief Daniel Oates has said the explosives were designed to kill anybody who entered, including first-responders.
Steven D. Zansberg, an attorney representing the news media consortium, said the judge should at least explain which documents have been sealed and why.
In Colorado, this type of legal battle has been seen before.
In 2007, an Arapahoe County judge sealed an indictment in the case of a missing 6-year-old girl whom authorities determined had been dead for at least two years before her father, Aaron Thompson, reported her missing. The state Supreme Court ordered the indictment unsealed in 2008, allowing the public to learn the charges against Thompson. Thompson was convicted of fatal child abuse in 2009.
When Los Angeles Lakers player Kobe Bryant faced sexual assault charges in Vail in 2003, it took a media challenge to unseal an affidavit in which police laid out their case for an arrest. Bryant maintained his innocence, and prosecutors dropped the case in 2005.
A news media challenge led to last year's release of an arrest affidavit in a sexual assault case involving former Denver Broncos cornerback Perrish Cox. Cox was acquitted in March.
Defense attorneys and prosecutors routinely ask judges to keep some documents sealed, often because the documents contain information a jury won't hear at trial, said Denver criminal defense attorney Daniel Recht, who also argues First Amendment cases.
But Moore noted that some Colorado judges have sealed entire court dockets under the argument that the mere fact of media coverage will damage a case.
In his ruling to unseal documents in the Cox case, Douglas County District Judge Paul A. King rejected that notion. "There can be no presumption that everyone in the jury panel will read, follow and find important the media accounts in this case," King wrote.
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Accused Colorado gunman told classmate he wanted to kill people
By Mary Slosson | Reuters – 56 minutes ago
(Reuters) - Accused Colorado gunman James Holmes had conversations with a classmate in March about wanting to kill people, four months before the suburban Denver rampage in which he is accused of shooting dead 12 moviegoers, a court document showed on Friday.
"Evidence gathered so far indicates ... the defendant had conversations with a classmate about wanting to kill people in March 2012, and that he would do so when his life was over," prosecutors wrote in the filing.
Holmes, a former neuroscience graduate student, is accused of opening fire on July 20 at a midnight screening of the recent Batman movie "The Dark Knight Rises" in Aurora. In addition to those who died, 58 people were wounded in the attack.
The new document builds on a picture that prosecutors have painted in court of Holmes as a young man whose once promising academic career was in tatters as he failed graduate school oral board exams in June and one of his professors suggested he may not have been a good fit for the competitive Ph.D. program.
"Most murderers are angry about something, and anger is different from insanity. Prosecutors seem to suggest that Holmes pondered how to retaliate against the people who did him wrong," said Craig Silverman, a former Denver prosecutor now in private practice who has been following the case.
But he added that such a line of argument won't be easy, as the defense would argue that, if he was angry with professors at the university, Holmes had no obvious reason to retaliate against strangers at the midnight premiere of a popular film.
"The defense might eventually argue that Holmes had some sort of psychological breakdown because of his problems at school," Silverman said, noting his legal team had no real options besides an insanity defense.
Prosecutors told the court on Thursday in a hearing on whether they can have access to his university records that Holmes had been "making threats and those threats were reported to police."
In the newly published court document, prosecutors added that Holmes lost his access to the University of Colorado Anschutz Medical Campus after making unspecified threats to a professor on June 12, after which he began a voluntary withdrawal from his program.
They said Holmes, 24, began "a detailed and complex plan" to commit murder and obtain an arsenal of guns and protective armor after he was denied access to the campus.
University spokeswoman Jacque Montgomery has said that Holmes was not banned from the campus, but that withdrawing students typically have their access badges deactivated, effectively denying them entry to facilities such as laboratories.
Holmes' attorney Daniel King has said his client suffers from an unspecified mental illness and had tried to get help before the shooting. In court, Holmes has appeared calm and alert, with dyed red hair fading to pink and orange and the beginnings of a beard on his face.
Local media have reported he saw at least three campus mental health professionals before leaving the program, and court papers filed by defense attorneys in July said Holmes had been a patient of the medical director for student mental health services on campus, Dr. Lynne Fenton.
Previous media reports have said Fenton reported her concerns about Holmes to a campus threat assessment team and a campus police officer.
Holmes, charged with 24 counts of first degree murder and 116 counts of attempted murder, is being held without bond in solitary confinement at the Arapahoe County jail.
Prosecutors have not yet decided whether they will seek the death penalty.
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WonderingMind
Just another human being
So what's happening to that nutjob? The death penalty?
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