Self-portraits: Holmes sticks out tongue, has guns

Published on NewsOK Modified: January 9, 2013 at 10:56 pm •  Published: January 9, 2013
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When Holmes burst into the theater and opened fire just after midnight July 20 there were as many as 1,500 people crowded into the seats and in the auditorium next door, prosecutors said. Some of Holmes' bullets pierced the wall and injured people in the adjacent theater. Holmes fired about 70 rounds, many of which apparently hit multiple people, and was only prevented from shooting more because his rifle jammed, prosecutors said.

"He didn't care who he killed or how many he killed, because he wanted to kill all of them," Pearson said Wednesday.

The hearing is a legal formality to establish the prosecution's case. Defense attorneys rarely mount a full-blown case during such hearings, preferring to save their witnesses for the trial. Defense attorney Tamara Brady offered a limited, but notable, preview when she questioned an ATF agent who had listed Holmes' extensive online purchases.

Brady asked whether any Colorado law prevented "a severely mentally ill person" from buying the ammunition, body armor and handcuffs that Holmes purchased online. The answer: No.

Holmes had seen a psychiatrist at the University of Colorado, Denver. There was no testimony about his year at the school during the hearing. He left the neuroscience graduate program after failing a key exam.

If Holmes is found sane, goes to trial and is convicted, his attorneys can try to stave off a possible death penalty by arguing he is mentally ill. Prosecutors have yet to say whether they will seek the death penalty. They will have 90 days from Holmes' arraignment to hold Holmes for trial to decide.

If Holmes is found not guilty by reason of insanity, he would likely be sent to the state mental hospital, not prison. Such a defendant is deemed not guilty because he didn't know right from wrong and is therefore "absolved" of the crime, said former Jefferson County District Attorney Scott Storey. His case would be reviewed every six months until he's deemed sane and released.

Last year, Bruco Strong Eagle Eastwood was acquitted by reason of insanity of attempted first-degree murder in the wounding of two eighth-graders outside a school not far from Columbine High School. Eastwood is spending time in a mental hospital.

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Associated Press writers Thomas Peipert, Nicholas Riccardi and Colleen Slevin contributed to this report.

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