Colorado

COLORADO: Holmes judge upholds law on ‘indifference’ murder


The judge in the Colorado theater shootings has upheld the constitutionality of one of the laws used to charge James Holmes with murder.

The judge on Friday rejected a request by defense lawyers to overturn the law making it a crime to commit murder with extreme indifference.

Holmes is accused of killing 12 and injuring 70 at an Aurora movie theater in July 2012.

He’s charged with 12 counts of murder with extreme indifference and 12 counts of murder with deliberation.

His attorneys argued the extreme indifference statute is vague and, therefore, unconstitutional. The judge disagreed.

Holmes is also charged with multiple counts of attempted murder. He has pleaded not guilty by reason of insanity. Prosecutors are seeking the death penalty.

His trial is scheduled to begin in February.

(source: Associated Press)

US – Executions Scheduled for 2013 June 18 – November



Month State Inmate
June
18 OK James DeRosa  – executed
24 FL Marshall Gore    STAYED
25 OK Brian Davis Executed
26 TX Kimberly McCarthy executed
July
10 TX Rigoberto Avila – execution moved to January1, 2014
16 TX John Quintanilla executed
18 TX Vaughn Ross executed
25 AL Andrew Lackey
31 TX Douglas Feldman
August
7 OH Billy Slagle
18-24 CO Nathan Dunlap – Stayed
September
19 TX Robert Garza
25 OH Harry Mitts
26 TX Arturo Diaz
October
9 TX Michael Yowell
November
14 OH Ronald Phillips

Gary Lee Davis: Colorado’s last volunteer for the death penalty


September 21, 2012 http://blogs.westword.com

This week’s feature, “The Happiest Man on Death Row,” delves into Colorado’s execution of Joe Arridy, a man with an IQ of 46, for a murder he almost certainly didn’t commit. It happened in the 1930s, when the state’s gas chamber was kept busy with a string of customers. But times are different now, and executions are a lot harder to come by in these parts.

Even though prosecutors are expected to seek the death penalty for accused Aurora theater shooter James Holmes, Colorado has only managed one execution in more than forty years — and the subject, Gary Lee Davis, practically volunteered for the job.

What’s changed since the days of Joe Arridy that’s made it so difficult for the state to execute those convicted of capital crimes? Part of the answer has to do with a series of U.S. Supreme Court decisions dating back to the early 1970s, which have redefined the notion of “cruel and unusual punishment” and greatly expanded the appeals process for condemned men and women nationwide.

But other states (notably Texas, Arkansas, Louisiana and some other purveyors of southern justice) still have a functional death machine, while Colorado has gone a different direction. One reason for that is its juries; folks might talk about being in favor of lethal injection at a cocktail party, but prosecutors know those same people somehow freeze up in the jury box when asked to dispense the ultimate penalty. In the 1990s, the state tried to take the decision out of the hands of juries and leave it up to a three-judge panel, but that scheme was ultimately declared unconstitutional.

Another factor is Colorado’s public defender system — particularly its appellate division. It’s considered the gold standard among such systems across the country, relentless and well-financed and good at battling death-penalty cases, to the point that Arapahoe County District Attorney Carol Chambers has complained the defense bar in Colorado makes the death penalty “many times more expensive than it needs to be.”

With the deck stacked against actual executions being carried out without years of delay and millions in legal costs, it’s no wonder that no less an authority than Sister Helen Prejean describes Colorado as “not a serious killing state.” The only killing the state has managed in the past four decades is what Prejean calls the “consensual execution” of Gary Davis in 1997.

With the aid of his wife, Davis had committed a depraved and horrible crime — the 1986 kidnapping, rape and sexual assault of 32-year-old Virginia May. He admitted to committing as many as fifteen other rapes — though his bizarre stories about the sources of his rage and violence changed over time. Davis sabotaged his own defense and shortcut the appeals process, preferring lethal injection to a life spent in solitary confinement. Yet it still took more than a decade for him to pay for his crime.

During that time, another member of Colorado’s death row died of natural causes, cheating the executioner. And Nathan Dunlap arrived on death row for killing four people in a Chuck E. Cheese restaurant in Aurora in 1993.

Nearly twenty years later, Dunlap is still there. His appeals are just about exhausted. Not so the other condemned men in Colorado’s prison system, Sir Mario Owens and Robert Ray; the allegations of inadequate counsel, prosecution misconduct and other ethical quandaries surrounding their trials ought to give the courts a workout for years to come.

In short, it’s hard to get the death penalty in Colorado — and even harder to get a willing volunteer. Families hoping to see the death penalty imposed on the Aurora theater shooter may have to get used to the idea of seeing justice delayed not just years, but decades.

COLORADO SHOOTING – What We Know About James Holmes


July 27, 2012 Huffington Post 

James Holmes, the suspected shooter in last week’s movie theater massacre, has told his Colorado jailers he doesn’t know why he’s locked behind bars, the Daily News reports.

But no one at the Arapahoe County Detention Center is buying Holmes’ story, a lockup worker told the News. The jailers who come in contact with Holmes, who is sequestered from other inmates, believe he’s faking amnesia.

Since the 24-year-old PhD dropout was accused of killing 12 theatergoers and wounding 58 at a midnight screening of “The Dark Knight Rises” last Friday, the media has lavished attention on Holmes’ odd behavior.

The suspect appeared in court on Monday with brightly dyed orange hair and made peculiar facial expressions. At times his eyes bulged and he often appeared tired.

Holmes was taken into custody after he allegedly stormed the sold-out premiere of the latest Batman film. Police have said Holmes wore riot gear, used smoke bombs and armed himself with three guns during one of the most violent shootings in American history.

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DENVER — The former graduate student accused in the deadly Colorado movie theater shooting was being treated by a psychiatrist at the university where he studied, according to court papers filed Friday.

Defense attorneys for James Holmes, 24, made the disclosure in a court motion. It sought to discover the source of leaks to some media outlets that Holmes sent the psychiatrist a package containing a notebook with descriptions of an attack.

The motion said the leak violated a judge’s gag order and jeopardized Holmes’ right to a fair trial.

“The government’s disclosure of this confidential and privileged information has placed Mr. Holmes’ constitutional rights to due process and a fair trial by an impartial jury in serious jeopardy,” wrote the attorneys.

The motion added that the package contained communications between Holmes and his psychiatrist that should be shielded from public view. The document describes Holmes as a “psychiatric patient” of Dr. Lynne Fenton.

July 26, 2012 Huffington Post 

DENVER — Tightening the secrecy over the year Colorado shooting suspect James Holmes spent studying neuroscience, a judge has barred the University of Colorado Denver from releasing any records about the former graduate student’s time there.

What happened to the 24-year-old during his time in the program at the school’s Anschutz Medical Campus is one of the many mysteries stemming from last Friday’s mass shooting at a theater in which he’s accused of killing 12 people and injuring 58 others at a midnight showing of “The Dark Knight Rises.”

Neighbors and friends in San Diego, where Holmes grew up, described him as brilliant and sometimes awkward but never displaying signs of violence. He entered the prestigious Colorado program in June 2011, but a year later he dropped out after taking a year-end oral exam.

Numerous media organizations, including The Associated Press, filed open records requests for school records about Holmes after he was named as the suspect in the shooting that happened just after midnight July 20.

But in an order signed Monday and released by the school Thursday in response to an open records request by the AP, District Court Judge William Blair Sylvester said releasing information in response to requests filed under the Colorado Open Records Act would “impede an ongoing investigation.” Sylvester is overseeing the criminal case against Holmes, who is expected to appear in court Monday and be formally charged.

Sylvester cited a provision of the Colorado Open Records Act that prevents the public from viewing open records “prohibited by … the order of any court.”

Arapahoe County District Attorney Carol Chambers requested the order after the University of Colorado Denver warned her office Saturday about the record requests. In its request to the court, the district attorney’s office noted that reporters were not requesting educational records, which would be prohibited from being released, but emails that are not exempted from the open records law.

The order was not part of the publicly available case file until Thursday due to a clerical error, said Robert McCallum, a spokesman for the courts.

Sylvester had already issued a gag order barring attorneys and police from discussing the case with reporters. He has also sealed the case file, preventing the public from seeing the accusations and legal arguments that both sides will make.

Mark Caramanica, freedom of information director at the Reporters Committee for Freedom of the Press in Arlington, Va., called the order “highly unorthodox.” He said it was unusual that a public institution would consult with an outside entity instead of just following the law and answering the request.

“It seems very premature for a court to get involved and make such a sweeping order,” Caramanica said. “It seems like a very broad and overly aggressive approach.”

The judge’s order follows a pattern of a tightly controlled flow of information since the assault. Hours after the shooting, university officials tried to limit information released about Holmes.

About 11 hours after the attack, Barry Shur, dean of the graduate school at the university, sent an email to faculty, students and staff saying: “If anyone is contacted by the media, PLEASE refer them” to a school spokeswoman. Shur’s email was released in response to an open records request from the AP.

Earlier this week, Shur denied trying to prohibit those who knew Holmes from talking.

“We told them they are fully free to interact with the media,” he said at a press conference Monday.

July 24, 2012 Huffington Post

CENTENNIAL, Colo. — James Holmes spent a year in a small neuroscience doctoral program, surrounded by scientists and roughly three dozen classmates delving into the inner workings of the brain.

The University of Colorado, Denver, isn’t saying if they had any warning signs.

Experts say, however, the intimacy of the program and its focus on the brain may not have been enough for staff and students to detect that Holmes was on a course that police say ended with a deadly rampage at a midnight showing of the new Batman movie.

Supported by a prestigious federal grant, Holmes, 24, was in the first year of a program at the Anschutz Medical Campus dedicated to neuroscience, studying such topics as how the brain works or malfunctions or helping develop drugs to treat epilepsy and other disorders.

But it is not behavioral science or psychology, experts say.

David Eagleman, who runs the Initiative on Neuroscience and the Law at Baylor University, said some neuroscientists are experts in mental illnesses and aberrant behavior, but others spend most of their time studying molecular chemistry.

“It’s really only a fraction of professors” who could identify a simmering mental disorder, Eagleman said. “Many people in neuroscience are not specialized in the issue of picking up mental illness … There are plenty of people who just study mice and cats and stuff like that.”

Holmes is accused of methodically stockpiling weapons and explosives at work and at home that police say he used to kill 12 people and wound 58 more at a movie theater Friday in nearby Aurora. Police say he also booby-trapped his apartment with the intent to kill police officers.

Holmes’ arraignment hearing is on Monday.

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The prosecutor in the case of James Holmes, suspected in the shooting deaths of 12 moviegoers in Colorado, said Monday that the prosecution has an “enormous amount of evidence,” but that she would not call it a “slam dunk.”

“There is no such thing as a slam dunk case … we would never presume that it would be a slam dunk. We will work very hard on this case to prosecute it,” Arapahoe County District Attorney Carol Chambers said.

Holmes — who faces the possibility of life in prison or the death penalty for allegedly carrying out one of the most deadly mass murders in U.S. history — might have to plead insanity, according to veteran Seattle attorney and legal analyst Anne Bremner.

“The insanity defense appears to be the only option,” Bremner told The Huffington Post. “We don’t hold those who don’t have the requisite criminal intent criminally accountable.”

July 23, 2012 Huffington Post

The man accused of killing 12 moviegoers and wounding 58 more in Aurora, Colo., last week made his first appearance in court Monday morning.

James Holmes, a 24-year-old former doctoral student at the University of Colorado, Denver, has been held on first-degree murder charges in the July 20 shooting spree at a midnight screening of “The Dark Knight Rises.”

The brief procedural hearing, known as an advisement, took place at the Arapahoe County Justice Center. Holmes, who was represented by a public defender, appeared in court with brightly dyed orange hair and wore a burgundy jail uniform. He seemed sleepy or dazed and often had his eyes shut.

Holmes will face formal charges from prosecutors on July 30, and District Attorney Carol Chambers said her office is considering the death penalty against him,according to the Associated Press. District Court Judge William Sylvester issued an order forbidding Holmes from having contact with victims or witnesses.

Earlier Monday, authorities said Holmes was not cooperating with the investigationbecause he refused to answer questions about the shooting.

Police arrested Holmes early Friday morning minutes after the shooting in the sold-out theater. Holmes, dressed in ballistic gear and armed with an assault rifle and three other guns, set off gas canisters before opening fire, police said.

A motive in the shooting is not yet known. Holmes will remain detained without bond at the county lockup in Centennial, Colo.

July 22, 2012 Huffington Post

Inmates and prison workers are reporting unusual behavior from the 24-year-old sole suspect of the Aurora, Colorado movie theater shooting.

According to the New York Daily News,James Egan Holmes entered the prison dressed up like the Joker, “acting crazy” and “spitting on guards”. The Daily News also reported that other inmates have threatened to kill Holmes.

“All the inmates were talking about killing him,” just-released inmate Wayne Medley told the Daily News. “Everyone was looking for an opportunity. It’s all they could talk about.”

Holmes is being held at the Arapahoe Detention Center in solitary confinement.

Meanwhile, authorities are still investigating and trying to disarm the suspect’s apartment. A bomb squad managed to set off a controlled detonation on Saturday, but it’s unclear how many booby traps he set.

According to witnesses, Holmes entered the theater during the first 30 minutes of the midnight premiere of The Dark Knight Rises at the Century 16 theater in Aurora, Colorado. Some moviegoers thought that Holmes, who was wearing a gas mask and body armor, was part of the movie premiere.

Police said that he had planned the attack for months.

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July 20, 2012 Huffington Post

James Holmes

UPDATE 1:30 p.m. — The Poway Unified School District has issued a statement, confirming reports that James Holmes was a graduate of Westview High School, Class of 2006.

“On behalf of the Poway Unified School District, Superintendent [John] Collins joins the rest of the nation in offering our deepest condolences to the victims and their families,” the statement read.

UPDATE 1:00 p.m. — According to University of Colorado Hospital spokeswoman Jacque Montgomery, James Holmes was studying neuroscience in a Ph.D. program at the University of Colorado-Denver graduate school. Montgomery said Holmes enrolled in the neuroscience program in 2011 and was in the process of withdrawing. She said she did not know why he had decided to withdraw.

UPDATE 11:30 a.m. — More details are emerging about James Holmes, the suspected shooter in Thursday night’s movie theater massacre in Colorado.

Lt. Andra Brown of the San Diego Police Department briefed reporters outside James Holmes’ mother’s home Friday. Brown confirmed Holmes attended high school in San Diego before going to Colorado to pursue additional studies. Brown would not name either school.

San Diego media outlets have reported Holmes attended high school at Westview in Carmel Valley and graduated in 2006.

Brown said Holmes’ mother was in her house, but that his father has been “escorted from the home.” She did not elaborate further.

“The police department is just here to preserve the peace and to make sure the privacy of the family is still respected,” said Brown. “That’s the only reason why the San Diego police department is here.”

Brown also provided a statement to reporters from the family.

“Our hearts go out to those who were involved in this tragedy,” the statement read. “We ask that the media respect our privacy at this difficult time … We are still trying to process this info and appreciate that people respect our privacy.”

Margie Aguilar, who has lived for 10 years on the same San Diego block as Holmes’ family briefly spoke to HuffPost

“I feel heartbroken,” she said, adding that her children went to high school with the suspected shooter. “They’re [the Holmes family] victims in this, too. I want to respect their privacy.

“Everybody is in shock and devastated.”

Police are still trying to clear the suspect’s Aurora apartment. According to police, explosives found inside the unit are “very sophisticated” and could take some time to disarm.

The U.S. Army, in response to speculation that Holmes had served in the military, issued a statement that said they found “no evidence” he had served in the Army.”

EARLIER — An initial portrait of James Holmes, the man allegedly responsible for the mass shooting spree in a Colorado movie theater, is slowly emerging.

According to the police, Holmes lives in an apartment in Aurora, approximately five miles from the Century 16 movie theater where he gunned down at least 12 people and wounded 38 others during a midnight screening of the new Batman movie, “The Dark Knight Rises.”

Authorities at this hour are cautiously entering the apartment. The suspect, according to police, said he had explosives inside. The FBI has approximately 100 agents at the scene assisting with the investigation.

The FBI has revealed Holmes is a white male who is 6 feet, 3 inches tall and 24 years old, with a birth date of Dec. 13, 1987. Authorities have found no significant criminal record and no terrorist affiliations. Investigators suspect he acted alone.

A motive in the shooting is not yet known.

A San Diego, Calif., woman who identified herself as Holmes’ mother told ABC News she had not yet been contacted by authorities. She said she was unaware of the shooting and expressed concern that her son may have been involved.

“You have the right person,” she said, apparently speaking on instinct and not second-guessing her son would be involved. “I need to call the police … I need to fly out to Colorado.”

Holmes reportedly had Tennessee license plates on the vehicle he was driving at the time of the shooting, but a connection to that state remains unclear. He was arrested next to the vehicle, without incident, after the shooting spree ended. Police say he was wearing a bullet-resistant vest and gas mask at the time of the shooting and was armed with two long guns and a handgun.

As updates continue to trickle in, MSNBC reports that a survivor of the massacre in Colorado said she first thought the man dressed in black who entered through an exit door was part of the premier of the movie.

Exonerated death row inmate to speak in Colorado Springs – Juan Melendez


June 8, 2012  Source : http://www.csindy.com

Rev. Roger Butts, organizer for Coloradans for Alternatives to the Death Penalty. “And God forbid we execute an innocent person.”

Juan Melendez nearly became that person. After 17 years on death row in Florida for a 1983 murder — and several denied appeals — that state’s Supreme Court finally overturned his conviction when a key witness recanted his testimony. Ten years after his release, he’s bringing his story to Colorado Springs. On Sunday evening. Melendez will speak and respond to questions at First Congregational Church, 20 E. Saint Vrain St., at 6 p.m.

“The guy is just so incredibly inspiring,” says Rev. Butts. “I have a feeling that if I spent 17 years on death row, I’d be bitter, and angry, and mean, and just a recluse or something. But this guy is so unbelievably inspiring.”

His visit is sponsored by Coloradans for Alternatives to the Death Penalty, who hope to pass legislation in 2013 to make Colorado the 18th state in the union to end capital punishment. For more information, contact Rev. Roger Butts at revrogerb@msn.com

Check out the trailer for Juan Melendez 6446, a documentary about Melendez’s perilous journey through capital punishment’s legal apparatus.