'Batman' shooting suspect James Holmes in court over cinema gun rampage

 

The former graduate student accused of killing 12 people in a shooting spree at a Denver-area movie house was due to make a second court appearance today as prosecutors and defense lawyers sparred over a mysterious package sent to his psychiatrist.

James Holmes, 24, was arrested shortly after prosecutors say he opened fire at a packed midnight movie premiere of "A Dark Knight Rises" on July 20. Criminal charges against Holmes, who has remained jailed since his arrest, were expected to be formally presented at today's hearing.

He is also accused of wiring his apartment with enough explosives to have leveled the entire building had they been detonated. It took authorities several days to safely dismantle and dispose of the booby traps.

The rampage in the Denver suburb of Aurora ranks as one of the nation's bloodiest mass shootings in recent years. It left 12 dead and 58 injured, several critically.

Ashley Moser, the critically injured mother of the 6-year-old girl killed in the rampage, suffered a miscarriage, her family said on Saturday.

At his initial court hearing one week ago, Holmes said nothing and appeared dazed and groggy, occasionally closing his eyes as if fighting off sleep. Courtroom spectators, including relatives of some of the victims, stared intently at the defendant, his tousled hair still dyed the bright orange color it was the night of his arrest, as he stared into space.

Unlike one week ago, today's hearing will not be televised. Arapahoe County District Judge William Sylvester granted a defense motion last week to ban cameras and other electronic recording equipment from the proceedings.

The mother of one of the 12 people killed, 32-year-old Rebecca Wingo, said she plans to be in court.

"I absolutely want to face the suspect in court. He looked my daughter in the eye and shot her and killed her," Shirley Wygal said on CNN early Monday.

What, if anything, investigators might have learned about a motive for the shooting has been shrouded in secrecy.

Sylvester has sealed most court records and investigative documents from public scrutiny and barred anyone connected with the case from speaking to the media.

Sylvester has said he will consider a request by news media organizations to unseal documents in the case.

Holmes, a San Diego native, was a doctoral student of neuroscience at the Anschutz campus before dropping out recently.

Court documents filed on Friday by defense lawyers said the suspect had been under the care of a psychiatrist, Dr. Lynne Fenton, who is on the faculty of the University of Colorado-Denver's Anschutz Medical Campus.

The hearing today will address a package that Holmes sent to Dr. Fenton that was later seized by investigators.

The university confirmed that a suspicious package was delivered by mail a week ago and that it was "immediately investigated and handed over to authorities within hours," but gave no further details of the parcel.

Defense attorneys are seeking a court order requiring prosecutors to immediately turn over all evidence pertaining to the seizure of a package, citing doctor-patient privilege.

"Mr. Holmes was a psychiatric patient of Dr. Fenton, and his communications with her are protected," the filing said, adding the judge should impose sanctions for leaks of privileged material.

Prosecutors urged the judge to deny the defense request, arguing that it was based on erroneous assumptions that stemmed from flawed, unconfirmed media accounts.

The prosecution's filing specifically disputed details of a Fox News report last week that two packages had been sent by Holmes to a university psychiatrist and that one contained a notebook detailing the shooting scenario, including stick-figure drawings.

Friday's defense motion provided the first definitive public inkling that Holmes was known to have suffered psychiatric problems before the shooting.

Fenton, the medical director for student mental health services at the Anschutz campus, provides medication and psychotherapy for graduate students in addition to her teaching duties, according to a school website.

She is listed as a member of the campus-based group, alternately labeled the "Behavioral Assessment and Threat Assessment team" and the "Behavioral Evaluation and Threat Assessment Team," which helps faculty and staff deal with "individuals who may be threatening, disruptive or otherwise problematic."

It was not immediately clear if Fenton was caring for Holmes under the threat-assessment program or under routine counseling she provided to students on campus.

Under Colorado law, mental health professionals cannot be held liable in civil suits for failing to predict a patient's violent behavior unless it involves a "serious threat of imminent physical violence against a specific person or persons." When such a threat is made, the mental health professional is required to take action, which may include notifying those targeted or a law enforcement agency.

Fenton could not be reached for comment. A spokeswoman for the University of Colorado medical school declined to comment, citing restrictions under the judge's gag order in the case.

AP

Top stories
News in pictures
World news in pictures
UK news in pictures
UK news in pictures
More stories
       
Independent
Travel Shop
Imperial Cities of Morocco
Seven nights half-board from only £799pp Find out more
Historic Sicily
Seven nights half-board from £799pp Find out more
4* all-inclusive Crete
Seven nights from only £399pp Find out more
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

Day In a Page

Johnny Marr talks relationships and reunions

He's worked with Modest Mouse, the Pet Shop Boys and Beck, to name a few, and recently released his first solo album. So why, wonders Johnny Marr, do people still hark on about The Smiths?
After the flood: From Haiti to Britain, one man has captured the devastation of our increasingly deluged lands

In pictures: After the flood

From Haiti to Britain, one man has captured the devastation of our increasingly deluged lands
Death becomes her: Meet the very modern mortician who champions 'cool' funerals

Death becomes her: A very modern mortician

Ever considered baking a loved one's remains into a cake or putting their ashes in fireworks? If so, talk to Caitlin Doughty, champion of the alternative death industry.
How long can the 'Keep Calm' trend carry on?

How long can the 'Keep Calm' trend carry on?

At first it seemed clever and cute. Then the 'Keep Calm' motif went mad, spawning endless offshoots.
The man who built Brum: A lament for the demise of John Madin's Brutalist Birmingham

John Madin: The man who built Brum

The architect's buildings were supposed to leave an indelible, futuristic mark on his beloved hometown but they are now being inexorably torn down.
School of chop: Learning the art of butchery at the Ginger Pig

School of chop: Learning the art of butchery

How do you butcher a lamb? Or make Mexican street food in a British kitchen? Christopher Hirst finds out.
James Pembroke: The man who's eaten everywhere

The man who's eaten everywhere

Few people know more about restaurants than James Pembroke, who only spent five mealtimes at home during his entire childhood.
A Berliner in 1963 – but did John F Kennedy once admire Adolf Hitler?

A Berliner in 1963 – but did John F Kennedy once admire Adolf Hitler?

The young JFK praised 'superior' Nordic races during visits to Germany
Banned Iranian director Mohammad Rasoulof to attend Cannes Film Festival 2013, his first public appearance since prison

Banned Iranian director to attend Cannes Film Festival

Mohammad Rasoulof to make his first public appearance since being imprisoned three years ago
Seeing the larger picture: Inspiring images of space

Seeing the larger picture: Inspiring images of space

An exhibition explores images how photography has shaped astronomy
Eat Spam and carry on: Wartime pamphlets could teach us a thing or two about healthy, thrifty eating

Eat Spam and carry on

Wartime pamphlets could teach us a thing or two about healthy, thrifty eating
Facial hair: Cat beards and the purrrsuit of excellence

Facial hair

Cat beards and the purrrsuit of excellence
The 10 Best salt and pepper sets

The 10 Best salt and pepper sets

Whether they're for everyday use or to make your dining table look just right, it's worth getting a stylish shaker...
Ferran Soriano: Predicting success if Manchester City 'vision' is followed

Ferran Soriano: Predicting success if Manchester City 'vision' is followed

Chief executive says trophies will come if a 'core' of suitable players is in place
Thomas Müller: We couldn't handle losing a Champions League Final again

Thomas Müller: We couldn't handle losing a Champions League Final again

The Bayern Munich forward tells Tim Rich his side have to shed chokers' tag after two recent final defeats