James Holmes in court Monday: What will his defense be?

Originally posted by Lulzaroonie.. this happened in JULY - 6 MONTHS AGO - why has it taken so long to go to trial?

I believe this is done to 'break' the suspect into taking a plea deal, so as to avert a trial and the possible revelation of more damaging info that would point to a conspiracy. Alleged Ft. Hood shooter Maj Nidal Hassan has been waiting since 2009 for his trial.

Holmes's defence want to delay his arraignment:

"The defense ... is not prepared to proceed to arraignment in this case by Friday, and therefore requests that the hearing on Friday serve only as a status hearing and not arraignment," the attorneys wrote.

Denver Post

Is this usual? Does it benefit anyone, or is there an obvious reason for it? Might it have anything to do with the defence witnesses that weren't called after all on Wednesday?

Originally posted by Brocade
Holmes's defence want to delay his arraignment:

"The defense ... is not prepared to proceed to arraignment in this case by Friday, and therefore requests that the hearing on Friday serve only as a status hearing and not arraignment," the attorneys wrote.

Denver Post

Is this usual? Does it benefit anyone, or is there an obvious reason for it? Might it have anything to do with the defence witnesses that weren't called after all on Wednesday?

I think the defense wants time to really consider how strong the prosecution's case is before making a plea. This is serious risk vs reward business here because if they plead not guilty without insanity, he could potentially go free. But he could also potentially get the death penalty.

Originally posted by Brocade
Do you think this will go to trial, or end with a plea deal and everything being sealed? If it ended without a trial, would there be any public inquiry/investigation into how it happened? I'm not in the US so I really have no feeling for what will be decided, so I'd really appreciate your thoughts!

Thanks

I think it's going to trial. The prosecution has a weak case and the defense knows this. Corbin Dates is the only person who can potentially place James Holmes in theater 9 at any time. However, Corbin Dates at one time said on Hardball with Chris Matthews that the guy who opened the exit had a goatee, and when asked if he'd testify to that under oath, he said yes. So his credibility is jeopardized. Right now the defense is trying to buy more time before entering a plea because they want to consider how good of a chance they have of winning with a not guilty plea.

Regarding if it doesn't go to trial, there will be no public inquiry/investigation, the whole thing will be buried. Just think of 9/11. After the 9/11 Commission (which the Bush Administration completely objected to), there was no further inquiry/investigation aside from what private citizens did themselves. I'm pretty sure everything presented so far would still be public record but I'd have to find out for sure.

Originally posted by LEL01
I'm just jumping in with this, I remember reading in another thread that as people were trying to get away from the shooter, others came running back in because because there was another shooter, shooting at them as they were trying to get out.
Is this true?

A friend and I were looking into this. Some people from theater 8 tried to go out through the rear exit, and someone told them not to because the shooter was out there. I don't think this happened in theater 9. However, I do believe someone might've gotten stabbed who went out through that exit in theater 9, I could be wrong. Wanted to kill someone quietly who saw too much.

reply to post by kiwasabi


Thanks for that, the story I remember was a shooter in the foyer but your version makes more sense or they would have footage of it.
My main concern about Holmes at the moment is if he can remember anything about it, 'm not getting the feeling he is in his normal right state of mind now.
I guess we will have to wait for the trial before we get any more information, that's if there is a trial.

Originally posted by LEL01
reply to post by kiwasabi

 

Thanks for that, the story I remember was a shooter in the foyer but your version makes more sense or they would have footage of it.
My main concern about Holmes at the moment is if he can remember anything about it, 'm not getting the feeling he is in his normal right state of mind now.
I guess we will have to wait for the trial before we get any more information, that's if there is a trial.

We don't really know what happened behind the theater. But I speculate that someone who was part of it was telling people not to go out back because they didn't want anyone seeing what was going on back there. There unfortunately is no camera footage behind the theater or in it apparently. So no footage of the crime itself! There has to be some cell phone video footage...

By the way, Holmes' arraignment was delayed until March 11th.

Many thanks Kiwasabi for your replies to my questions, I really appreciate hearing your thoughts on this

Originally posted by kiwasabi

We don't really know what happened behind the theater. But I speculate that someone who was part of it was telling people not to go out back because they didn't want anyone seeing what was going on back there. There unfortunately is no camera footage behind the theater or in it apparently. So no footage of the crime itself! There has to be some cell phone video footage...

By the way, Holmes' arraignment was delayed until March 11th.

I wondered about mobile phone footage, including inside theatre 9 - some people are reported as having thought that the gunman was a stunt set up by the cinema when he first appeared, and I'd be amazed if no one hadtried to video it. I'd put money on there being some mobile footage from inside the theatre.

reply to post by Brocade
I thought about that as well. But then I started thinking about the gas canisters that went off inside. If there is any footage it may be foggy. Just a thought.

Originally posted by Brocade
Many thanks Kiwasabi for your replies to my questions, I really appreciate hearing your thoughts on this

I wondered about mobile phone footage, including inside theatre 9 - some people are reported as having thought that the gunman was a stunt set up by the cinema when he first appeared, and I'd be amazed if no one hadtried to video it. I'd put money on there being some mobile footage from inside the theatre.

You are quite welcome, Brocade. Great name btw.

I didn't think about the "stunt" angle of it. You're right, that clenches it. There IS video footage that they don't want to release!

Originally posted by theAnswer1111
I thought about that as well. But then I started thinking about the gas canisters that went off inside. If there is any footage it may be foggy. Just a thought.

That's true, but if Brocade's theory is correct, they may at least have footage leading up to the theater filling up completely with gas. That may at least show the shooter's build, what exactly he was wearing, and if other people were standing around him (as multiple witnesses have stated).

Posted in wrong thread, sorry.