James Holmes: Will Aurora shooter face death penalty?

Accused Aurora movie theater shooting suspect James Holmes
Accused Aurora movie theater shooting suspect James Holmes

against the former graduate student for the “Dark Knight” shooting rampage that killed 12 moviegoers.

It is widely expected that Arapahoe County District Attorney George Brauchler will attempt to win a death sentence against the 25-year-old California native.

Brauchler already has announced he has a death penalty lawyer on the prosecution team and he rejected a defense offer to let Holmes plead guilty and serve a life sentence if capital punishment is taken off the table.

Holmes is accused of opening fire inside a suburban Denver theater during a screening of the Batman movie “The Dark Knight Rises” last July, in one of the deadliest outbursts of gun violence in the United States in recent years.

Holmes is charged with multiple counts of murder and attempted murder for the shooting massacre that also wounded 58 moviegoers. Another dozen people suffered non-gunshot injuries as they fled the Aurora, Colorado, cinema.

Arapahoe County District Judge William Sylvester entered a not guilty plea for Holmes last month, but said he would consider allowing that to be changed to not guilty by reason of insanity.

Last week, public defenders said in a court filing that Holmes was willing to plead guilty and serve a life sentence without the possibility of parole if prosecutors would not try to execute their client.

While Holmes’ attorneys said they are prepared to mount an insanity defense, they wrote in the filing that “Mr. Holmes is currently willing to resolve the case to bring the proceedings to a speedy and definite conclusion for all involved.”

Brauchler fired back in a written response, calling the move by the defense improper at this stage of the case and “that it was filed for the intended purpose of generating the predictable pretrial publicity.”

“The only conclusion that an objective reader would reach … is that the defendant knows that he is guilty, the defense attorneys know he is guilty and that both of them know that he was not criminally insane,” Brauchler wrote.

In court pleadings, public defenders Daniel King and Tamara Brady have said Holmes has been hospitalized twice since his arrest, once for “potential self-inflicted injuries.”

At one point, jailers determined Holmes was a danger to himself and in “immediate need of a psychiatric evaluation.” He was transported by ambulance to a Denver psychiatric ward “where he was held for several days, frequently in restraints,” his lawyers wrote.

Also at issue at Monday’s hearing is whether a Fox News reporter will be compelled to testify about confidential sources she used in a story that said a notebook Holmes sent to a psychiatrist detailed his plans to commit mass murder.

Sylvester agreed to hear arguments from lawyers for New York-based reporter Jana Winter, whose story violated a gag order he had imposed in the case.



News
Entertainment
Sports
Lifestyle
International

Sierra Leone Ebola patient, recovered from family, dies…

An Ebola patient whose family sparked a nationwide hunt when they forcefully removed her from a treatment center and took her to a traditional healer has died.

Local

VIDEO: Cop reassigned as NYPD investigates alleged head…

An officer alleged to have stomped on a Brooklyn man's head last week had his gun taken away and placed on modified duty.

National

New York Times calls for legalization of pot

The New York Times editorial board on Saturday endorsed a repeal of the federal ban on marijuana, becoming the largest paper in the nation to back the idea.

National

Two injured after cable snaps on Ohio amusement…

(Reuters) - A cable on a large swing ride at an Ohio amusement park snapped and struck two riders as the swing was in motion,…

Music

Newport Folk Festival: Photo gallery of 35 moments…

As has been the tradition since Bob Dylan plugged in a bajillion years ago, the Newport Folk Festival embraces more musical genres than its name implies.

Music

MKTO: Behind the bromance

MKTO's Malcolm Kelley and Tony Oller talk about the American Dream tour, Demi Lovato and getting turned down by girls.

Arts

James Earl Jones and Rose Byrne head to…

Two-time Tony winner James Earl Jones returns to the New York stage next month as an eccentric grandfather in a revival of the 1930s comedy…

Movies

Box office: Scarlett Johansson wins battle of brains…

Scarlett Johansson's "Lucy" handily dispatched with Dwayne Johnson's "Hercules" over the weekend.

MLB

Yankees looking to trade for Josh Willingham: Report

CBS Sports’ Jon Heyman reported Sunday the Yankees are interested in Twins outfielder Josh Willingham.

MLB

Joe Torre: I'm in Hall of Fame because…

Joe Torre spent 18 years putting together a near Hall of Fame career as a player. But it was the 12 years he spent as…

MLB

Yankees GM Brian Cashman breaks down art of…

The action frequently accelerates as the non-waiver trade deadline approaches, as it will on Thursday.

Auto racing

Jeff Gordon captures fifth title at Brickyard 400

Jeff Gordon captures fifth title at Brickyard 400

Wellbeing

This Week In Health: Friends share similar DNA,…

Friends share similar DNA, study finds Location: U.S. Study subjects: Nearly 2,000 people Results: When it comes to our social networks, it seems that birds of…

Education

Are liberal arts colleges turning away from the…

Bryn Mawr College, a small women's college located just outside of Philadelphia, announced last week that it would be making standardized tests like the SAT…

Education

Recent grads discover school superintendent plagiarized parts of…

  Two recent high school graduates made a surprising discovery about the commencement speech their school superintendent delivered at their graduation: portions of it was copied…

Career

Feeling stuck? Get out of the entry-level job…

Television and movies may be littered with 20-something characters who seem directionless when it comes to their careers, but author Mary Traina says she finds…