Colorado theater shooting suspect appears in court

Xinhua, July 24, 2012

James Holmes, the 24-year-old suspect that killed 12 people and injured 58 others in a movie theater shooting spree in Aurora, the U.S. state of Colorado, made his first court appearance Monday.

James Holmes appears in court at the Arapahoe County Justice Center July 23, 2012 in Centennial, Colorado. Holmes, 24, is accused of shooting dead 12 people and wounding 58 others at a cinema Friday in Aurora, outside Denver, as young moviegoers packed the midnight screening of the latest Batman film, "The Dark Knight Rises." [Xinhua]

Holmes showed his face to the public for the first time since he was incarcerated in connection to the worst mass shooting in U. S. history, which left 12 dead and 58 wounded at the premiere of a Batman movie, the Dark Knight Rises, early Friday morning.

Five victims' family members were present in the packed courtroom at Colorado's Arapahoe County District Court as Holmes, tied with leather anklet, entered the court at 9:30 a.m. local time (1630 GMT) for his initial advisement hearing, appearing calm and subdued with no facial expression.

Holmes was wearing a maroon jail jumpsuit, his mop of orange- dyed hair sitting atop an unshaven face, and with thick, brown sideburns. The defendant opened and closed his eyes several times during the ten-minute "Initial Advisement" hearing, as if tired or dazed. One time he even closed his eyes. He never looked at people in the packed courtroom.

"We were looking to see a monster, but we didn't see that," said 52-year-old local resident John Vogt, one of 40 citizens who joined 40 members of the media and 20 officials at the hearing.

Holmes will be back in court again on July 30 when formal charges are expected to be filed against him. While declaring Holmes' offence as First-grade murder, Chief Judge William B. Sylvester granted a gag order to prosecutors out of caution to not compromise jurors in a case that is already highly publicized.

A four-prosecutor team, including veteran Chief Deputy Karen Pearson as the lead, and Rich Orman, Jocob Edsonwill, have been working on the case. While Daniel King from the Arapahoe County Public Defender's office entered his appearance as Holmes' attorney. King refused to speak anything on Holmes after the around-10-minute hearing.

Prosecutors were granted an unusual extension until next Monday on the 72-hour mandated time for "Filing of Charges" by Sylvester, who told Holmes, "ordinarily individuals are entitled to bail, but given the nature of the charges, you are being held without bond."

Arapahoe County District Attorney Carol Chambers told Xinhua she doesn't expect to extend next week's deadline for formal charges. According to Chambers, at least 24 first-degree murder charges are expected to be filed against Holmes, due to Arapahoe County's double-list murder laws, and experts say more than 100 total charges are likely to be filed.

"The death penalty won't be sought until 60 days after the arraignment," Chambers told reporters at a press conference following Holmes' hearing. "Deciding whether to pursue the death penalty is a long process that involves input from victims and their relatives," she said.

Chambers added that next Monday's hearing may be postponed if there are any special circumstances.

Once formal charges have been filed, the county will have 30 days to present its full case against Holmes at a "Preliminary Hearing." It will be another 30 days following the preliminary hearing until Holmes' official "Arraignment" at which time Holmes will be required to enter his "plea."

Authorities privately say they won't be surprised if Holmes enters a "Guilty by Insanity" plea, which negates the Death Penalty, sought after by a number of family members.

Prosecuting attorneys say it could take at least six months before the mass shooting suspect will face trial, and perhaps more than a year more before convictions will be rendered.

David Sanchez, a local resident, was outside the Arapahoe County Justice Center, telling reporters he favors a Death Penalty conviction. The midnight movie gunman shot Sanchez's 23-year-old son-in-law Caleb Medley in the head. Sanchez said his daughter was in labor and delivering a baby at the time of the hearing. "We'll let the criminal justice system do its job," an angry Sanchez told a group of reporters outside the courthouse.

Arapahoe County Public Defender James O' Connor has been entered as Holmes' attorney. Once Holmes' arraignment is held, at the earliest by October, the date of the actual trial will be set, and that could be sometime early next year, Arapahoe County officials told Xinhua.

The massacre at the "Century 16" theater at Aurora Town Center that took place during the screening of Batman 3: The Dark Knight Rises was the most deadly shooting over the past five years in the United States.