james Holmes arested for murder
AURORA, Colo. – Colorado prosecutors will file formal charges Monday against James Holmes, the former neuroscience student accused of killing a dozen people and wounding 58 others at an Aurora movie theater.
Holmes, who could face the death penalty, is expected to be charged with 12 counts of first degree murder, and up to 58 counts of attempted first degree murder. But prosecutors could tack on a raft of other charges, including extreme indifference to the value of human life and burglary. While the 24-year-old Holmes is not expected to make a plea - and may not even speak in court - one seasoned former prosecutor said everything points to an insanity plea.
"This is not a whodunit. ... The only possible defense is insanity."
- Craig Silverman, former chief deputy district attorney in Denver
"I don't think it's too hard to predict the path of this proceeding," said Craig Silverman, a former chief deputy district attorney in Denver. "This is not a whodunit. ... The only possible defense is insanity."
The attorneys will also argue over a defense motion to discover the source of leaks to the media that Holmes sent a package containing a chilling notebook to his psychiatrist, Dr. Lynne Fenton. FoxNews.com was the first to report the existence of the notebook, which authorities seized July 23 after finding it in the mailroom of the medical campus where Holmes studied. The hearing is at 9:30 a.m. local time.
District Court Judge William Blair Sylvester has tried to tightly control the flow of information about Holmes, placing a gag order on lawyers and law enforcement, sealing the court file and barring the university from releasing public records relating to Holmes' year there. A consortium of media organizations, including Fox News, is challenging Sylvester's sealing of the court file.
More details emerged over the weekend on Fenton, who works at the University of Colorado and is the medical director of the school's Student Mental Health Services.
Fenton is also a faculty member at the Department of Veterans Affairs Medical Center in Denver, according to her Colorado state health professional profile posted online. She received an award last year for her schizophrenia-related research work for the VA.
Her online resume for the University of Colorado listed schizophrenia as one of her research interests and stated that she sees 10 to 15 graduate students a week for medication and psychotherapy, as well as 5 to 10 patients in her general practice as a psychiatrist.
Fenton is also a member of the UCD/AMC's campus-wide Behavioral Environmental Threat Assessment (BETA) team, which "manages and coordinates evaluation and response to students of concern."
On May 30, 2012, Fenton and two graduate students presented a Student Health Case Conference talk called “World of Warcraft: The Use of Archetypes in Psychotherapy” during the university’s psychiatry department’s grand rounds. World of Warcraft was reportedly one of the video games that James Holmes frequently played.
Records show Fenton was disciplined by the Colorado Medical Board in 2004 for prescribing herself Xanax while her mother was dying, state records show. She also was disciplined for prescribing the sleep aid Ambien and the allergy medicine Claritin for her husband, and painkillers for an employee who suffered from chronic headaches.
Holmes allegedly began stockpiling gear for his assault four months ago, and authorities say he bought his weapons in May and June, well before the shooting spree just after midnight during a showing of the Batman film ""The Dark Knight Rises." He was arrested by police outside the theater.
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Deuteronomy 5: 11-22 (NIV)
1 And Moses called all Israel, and said to them: Hear, O Israel, the ceremonies and judgments, which I speak in your ears this day: learn them, and fulfil them in work.
2 The Lord our God made a covenant wth us in Horeb.
3 He made not the covenant with our fathers, but with us, who are now present and living.
4 He spoke to us face to face in the mount out of the midst of fire.
5 I was the mediator and stood between the Lord and you at that time, to shew you his words, for you feared the fire, and went not up into the mountain, and he said:
6 I am the Lord thy God, who brought thee out of the land of Egypt, out of the house of bondage
7 Thou shalt not have strange gods in my sight.
8 Thou shalt not make to thyself a graven thing, nor the likeness of any things, that are in heaven above, or that are in the earth beneath, or that abide in the waters under the earth.
9 Thou shalt not adore them, and thou shalt not serve them. For I am the Lord thy God, a jealous God, visiting the iniquity of the fathers upon their children unto the third and fourth generation, to them that hate me,
10 And shewing mercy unto many thousands, to them that love me, and keep my commandments.
11 Thou shalt not take the name of the Lord thy God in vain: for he shall not be unpunished that taketh his name upon a vain thing.
11 Thou shalt not take the name of the Lord thy God in vain: for he shall not be unpunished that taketh his name upon a vain thing.
12 Observe the day of the sabbath, to sanctify it, as the Lord thy God hath commanded thee.
13 Six days shalt thou labour, and shalt do all thy works.
14 The seventh is the day of the sabbath, that is, the rest of the Lord thy God. Thou shalt not do any work therein, thou nor thy son nor thy daughter, nor thy manservant nor thy maidservant, nor thy ox, nor thy ass, nor any of thy beasts, nor the stranger that is within thy gates: that thy manservant and thy maidservant may rest, even as thyself.
15 Remember that thou also didst serve in Egypt, and the Lord thy God brought thee out from thence with a strong hand, and a stretched out arm. Therefore hath he commanded thee that thou shouldst observe the sabbath day.
16 Honour thy father and mother, as the Lord thy God hath commanded thee, that thou mayst live a long time, and it may be well with thee in the land, which the Lord thy God will give thee.
17 Thou shalt not kill.
18 Neither shalt thou commit adultery.
19 And thou shalt not steal.
20 Neither shalt thou bear false witness against thy neighbour.
21 Thou shalt not covet thy neighbour's wife: nor his house, nor his field, nor his manservant, nor his maidservant, nor his ox, nor his ass, nor any thing that is his.
22 These words the Lord spoke to all the multitude of you in the mountain, out of the midst of the fire and the cloud, and the darkness, with a loud voice, adding nothing more: and he wrote them in two tables of stone, which he delivered unto me.
Countess Demetria 2012
