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Note: Includes LINKS to Court Documents

James Holmes (official mugshot)

Centennial, Co. — James E. Holmes, 24, faces a Nov. 13 preliminary hearing after being faced Monday with 141 criminal charges — including 24 charges of first degree murder, two for each of the 12 killed in a mass shooting shortly after midnight July 20 at a showing of “The Dark Knight Rises” in an Aurora, Colo., movie theater.
In the meantime Holmes is being held without bail in solitary confinement at the Arapahoe County Detention Center.
Twelve of the murder charges are for deliberately and intentionally causing the death of another, and twelve are for acting with malice and “extreme indifference to the value of human life.”
Similarly, he faces two first degree attempted murder charges for each of the 58 who survived.
He also faces one charge for possession and control of explosive or incendiary devices, a charge stemming from his booby trapping his apartment.
And he faces a charge of unlawful use of deadly weapons in the commission of murders and attempted murders.
The 40-page court document filed by District Attorney Carol Chambers listing all charges, which names all victims, can be read by clicking HERE.
The still red-haired Holmes Monday said one word, “Yes,” when he asked if he agreed with his attorneys’ decision to waive his right to a preliminary hearing within 35 days.
Unlike the July 23 hearing, no video or still cameras were allowed at the July 30 hearing.
Two August hearings were scheduled to consider two sets of issues.
On July 20 Judge William Blair Sylvester issued an order to seal which seals orders, search warrants, affidavits and the case file until further order, unless otherwise ordered.
Judge Sylvester also issued a Pretrial Publicity Order or “gag order,” barring law enforcement personnel, defense attorneys and prosecution attorneys and their staffs from discussing the case with the press.
Following Holmes’ arrest, the district attorney filed a request that Judge Sylvester issue an order to the University of Colorado, where Homes had been a graduate student, to not release any university records pertaining to him. Judge Sylvester on July 23 issued such an order, which can be read by clicking HERE.
On July 27 a motion was filed to protest Judge Sylvester’s Motion to Seal. The 15-page motion from 20 news media organizations — represented by Steven Zansberg and two other attorneys from the Denver law firm of Levine, Sullivan, Koch and Schulz — specifically questioned the sealing of affidavits of probable cause, search warrants and the Register of Actions. The motion was followed by three pages identifying and describing the 20 “non-party movants” and 65 pages citing decisions and published standards which support their arguments. The 85-page document can be seen by clicking HERE.
Judge Sylvester scheduled a hearing on the Motion to Seal issues for Aug. 9.
A motion filed July 26 by defense attorney Tamara Brady concerns the contents of a package addressed to Dr. Lynne Fenton, a professor of psychiatry at the U of C and medical director of the med school’s student mental health services. The package was discovered at the university July 23, and was never delivered to Dr. Fenton, but some say it may have been received before that.
Some news accounts claim the package contained a notebook in which Holmes outlines his plans for a shooting. Defense lawyers have said Holmes was a patient of Fenton’s, and that release of the notebook’s contents violates doctor-patient privilege. On July 26 defense lawyers filed a motion, which can be viewed here, demanding that the notebook be turned over to them and also said that the apparent news leak regarding its content was a violation of the “gag order” and could endanger their client’s right to a fair trial. They request that the prosecution provide records of anyone who may have had contact with the package.
In their response, dated July 27, which can be viewed here, district attorneys acknowledge the existence of a notebook, but say that no one, including them, have examined it. They say it was their intent to present it to Judge Sylvester before including it in discovery. Further they say they doubt the existence of actual “law enforcement sources” and that “media outlets reporting the information may have just made it up.”
Judge Sylvester scheduled a hearing on the defense motion and prosecution response for Aug. 16.
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