Holmes Charged With 142 Criminal Counts
CENTENNIAL, Colo. (CBS4) - Aurora theater shooting suspect James Holmes appeared in Arapahoe County Court Monday morning and was advised that he is facing 142 criminal charges.
Holmes, 24, is facing 24 counts of first degree murder and 116 counts of attempted murder. He also faces an additional count of possessing an explosive device.
Cameras were not allowed in the courtroom for the court proceeding, which was once again attended by many victims and family members of the victims. A court sketch artist was in the courtroom and provided sketches.
Holmes still had orange hair during the hearing, and the Associated Press reported that he seemed just as dazed during Monday's hearing as he did a week before, although he did say a few words to his lawyer. He also replied "yeah" when he agreed to waive a 35-day rule for his preliminary hearing so his defense team could have more time to examine all the evidence.
Thirty-five reporters from around the world attended the proceeding.
Holmes first appeared in front of a judge last Monday. In that odd appearance Holmes seemed drowsy. Some speculate he was medicated. Many wonder if Holmes was putting on an act during last Monday's appearance. They say he was making an opening for an insanity plea.
The shooting on July 20 left 12 dead and 58 others hurt.
Four people remain in critical condition at the hospital. Six others are also still in the hospital recovering from their injuries. Ashley Moser, who doctors say will be paralyzed after getting shot, was pregnant and miscarried over the weekend.
Holmes remains in the Arapahoe County Jail.
While 12 victims died in the shooting, Holmes faces twice that number in murder counts.
"In Colorado there are actually six different ways by which a person could be found guilty of murder in the first degree," former Denver prosecutor Karen Steinhauser said.
Steinhauser said Holmes faces charges of murder with intent, but also murder with extreme indifference.
"Where somebody isn't intending to kill any particular person, but the fact of a shooting into a crowd of people creates such a great risk," Steinhauser said.
The double charges are a way for the prosecution to ensure that all of their bases are covered if a defense of mental impairment comes up.
Prosecutors will likely try to set up their case to pursue the death penalty.
"This is going to be a case where the focus is going to be on his mental state, his mental state during this process in terms of whether he is competent to even go through this process now and his mental state at the time that he committed these acts … (and the time) leading up to the commission of the acts," Steinhauser said.
Some people in the court wore Batman shirts. Several people also bowed their heads as if praying while in court.
Holmes' next court appearance is scheduled for Aug. 9 for a status hearing. A preliminary hearing has been tentatively scheduled for the week of Nov. 12.
