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

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posted on Jan, 3 2013 @ 08:32 PM
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Monday is the beginning of the preliminary hearing of James Holmes and is expected to last all week. For the first time we will get a glimpse of the evidence that will be laid out against him at his trial. That is... if the defense does not waive the hearing. I think the procedure would be a postponement if his attorney's claim incompetence at this stage. I would imagine that there would be a psychiatric assessment and everything would be on hold until Holmes has been adjudged competent.

I followed this case closely and have many questions that I hope the preliminary hearing addresses. I hope it is televised or we have some excellent reporting with a competent blogger that is present.


Prosecutors and defense lawyers are ready for a crucial hearing next week in which prosecutors will outline their case against James Holmes, who is charged with killing 12 people and wounding 70 during the midnight showing of the Batman movie "The Dark Knight Rises" on July 20.

It starts Monday and is scheduled to run all week. At its conclusion, state District Judge William B. Sylvester will decide if the evidence is sufficient to put Holmes on trial.

The defense could waive the hearing but legal analysts said defense lawyers sometimes go ahead with the hearing to get an idea of how strong the prosecution's case is.

Laurie Levenson, a professor at Loyola Law School in Los Angeles and a former federal prosecutor, said preliminary hearings sometimes set the stage for a plea agreement as each side gets to assess the strength of the other.

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posted on Jan, 3 2013 @ 08:37 PM
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The reptilian aliens commanded him to do it.



posted on Jan, 3 2013 @ 08:46 PM
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In cases like this with overwhelming evidence and no reasonable doubt of guilt they should be taken straight to the gallows and hung. Why waste millions on a case and put the families through hell, even if he is insane he had enough wits about him to get some guns and shoot innocent people. Also why should the state pay to keep him alive there is never any hope for this type of twisted mind.



posted on Jan, 3 2013 @ 08:49 PM
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h's going to plead not guilty, and then act like a loon in an attempt to get off on insanity



posted on Jan, 4 2013 @ 07:22 AM
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reply to post by GrantedBail
 


to be rude, why not wait till monday, listen to what his defence is ,then opine on its merits / flaws?



posted on Jan, 4 2013 @ 12:32 PM
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reply to post by On the level
 

i don't like your responce .

it is 'un-american'



posted on Jan, 5 2013 @ 07:17 AM
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reply to post by tinhattribunal
 


Well I am Scottish maybe that's why



posted on Jan, 5 2013 @ 07:21 AM
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reply to post by On the level
 


That is no excuse, in America they try a person before giving them the chair or sticking needles in their arms until they die, unlike Scotland where they just h.......oh wait.......

I am quite interested in hearing the outcome of this trial, mass shootings in America have always turned by stomach, especially as it does not seem to affect their medieval passion for loony firearms. This case however, I cannot help feel there is more too it, stuff we will never know. (and I am usually the sceptic!)



posted on Jan, 5 2013 @ 12:47 PM
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reply to post by ignorant_ape
 


Well, that is the title of the article I posted.

I wonder if the hearing will be televised? Does anyone know?

I sure as heck hope we don't have to rely upon MSM for details.



posted on Jan, 5 2013 @ 01:06 PM
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I think his defense will pursue an insanity strategy but i have no idea were it will go from there we will just have to wait and see it will be a media circus..peace,sugarcookie1



posted on Jan, 6 2013 @ 02:49 AM
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Originally posted by GrantedBail
reply to post by ignorant_ape
 


Well, that is the title of the article I posted.

I wonder if the hearing will be televised? Does anyone know?

I sure as heck hope we don't have to rely upon MSM for details.


It won't be televised. No cameras are allowed into the court. I'm going to go and will take detailed notes.

I hope he won't use the insanity defense but who knows. Many are speculating that he will.

By the way, the evidence is not overwhelmingly against James Holmes. It doesn't seem as though anybody can identify him as the shooter. Even if eyewitnesses can say that he was in the theater at some point, it still proves nothing. If he just pleads not guilty, he has a pretty good chance so long as he doesn't have completely biased jurors (which is quite likely). Anybody who claims this is an open and shut case, and to just hang him, shoot him, etc is either a troll, shill, or idiot. It's as simple as that.



posted on Jan, 6 2013 @ 02:57 AM
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reply to post by kiwasabi
 


It is an open and shut case because even if they have the wrong guy, they aren't going to admit it. Holmes is spending the rest of his life in a cell, or a padded room if hes fortunate.



posted on Jan, 6 2013 @ 03:04 AM
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Originally posted by On the level
In cases like this with overwhelming evidence and no reasonable doubt of guilt they should be taken straight to the gallows and hung.


Right after they find out who opened the door for him, who tossed the tear gas, who the vanishing roomates were, and who fired shots from the other side of the theatre.



posted on Jan, 6 2013 @ 03:24 PM
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reply to post by kiwasabi
 


You think you will be able to get a seat? Better go real early. I hope you share your notes with us if you get in!



posted on Jan, 6 2013 @ 08:01 PM
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Crazy convenient timing for this, huh?



posted on Jan, 6 2013 @ 08:17 PM
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reply to post by BrianFlanders
 


Isn't it though>>>


Stinks to high heaven



posted on Jan, 6 2013 @ 08:22 PM
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reply to post by kiwasabi
 


I would bet they plea this thing out in exchange for no death penalty. Can't imagine them wanting all of that evidence out and available to the public and all.

Yeah, I think the insanity defense is probably the one that will be pursued in this case. They can't chase incompetence I wouldn't think. That would delay the whole thing while he is evaluated.



posted on Jan, 6 2013 @ 08:46 PM
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Originally posted by twitchy

Originally posted by On the level
In cases like this with overwhelming evidence and no reasonable doubt of guilt they should be taken straight to the gallows and hung.


Right after they find out who opened the door for him, who tossed the tear gas, who the vanishing roomates were, and who fired shots from the other side of the theatre.



He pretended to get phone call, when outside and lodged door. He tossed tear gas to either side.
Not sure about roomates, I speculate false reports. He fired from all sides.



posted on Jan, 6 2013 @ 08:49 PM
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reply to post by CALGARIAN
 


Well you will have to reconcile that with the guy who took the phone call had a goatee. It is possible but this is another "lone nut" I take issue with.



posted on Jan, 7 2013 @ 04:36 AM
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He'll go with the chewbacca defense.





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