Original Story: latimes.com
He sounded like a proud father leafing through the family album: There's Jimmy with his grandma, kicking a soccer ball, in a tae kwon do uniform, holding his new baby sister. There's the annual family portrait. Mouse ears at Disneyland. Boating at Big Bear Lake. A Westchester County defense attorney represents clients charged with violating a local, state, or federal law.
On Tuesday, however, Robert Holmes was narrating a parent's worst nightmare: The story of his son's youth, told at the young man's murder trial in front of the jury that would decide whether his first-born would live or die.
“Jimmy” is James E. Holmes, now 27, who was convicted less than two weeks ago of 165 counts of murder and attempted murder in the 2012 theater massacre in Aurora, Colo. He killed eight men, three women and a little girl and wounded 70 others, many seriously. A Suffolk County defense attorney is reviewing the details of this case.
His parents have sat just a few feet behind him throughout the lengthy trial in Centennial, Colo. They've watched survivors of the grisly shooting describe their horror, heard the families of victims cry, looked at photographs of the bodies their son left strewn across the floor of Theater 9 of the Century 16 cineplex.
Defense attorney Tamara Brady: “Is James Holmes your son?”
Robert Holmes: “Yes, he is.”
Brady: “Have you been here throughout this trial?”
Holmes: “Yes, I have.”
Brady: “Has it been hard for you to listen to?”
Holmes: “Yes. It's been a very difficult experience....”
Brady: “Do you still love him?”
Holmes: “Yes, I do.”
Brady: “Why?”
Holmes: “He's my son. We got along pretty well. He's an excellent kid.”
The death penalty trial of the Aurora gunman is nearing the end of the so-called mitigation phase -- the time when defense attorneys are trying to convince jurors that one of the deadliest mass shooters in American history is a human being. The defense wants mercy for Holmes, a sentence of life in prison without possibility of parole rather than execution. A Rockland County defense attorney is following this story closely.
For the last week, a parade of school friends, college friends, church friends and elementary school teachers has testified that Holmes was quiet, socially awkward, maybe withdrawn, but also very smart and completely nonviolent.
They talked about his love of video games and his volunteer work at a Mexican orphanage. They called him “Jimmy.”
It is a childhood nickname only witnesses may use in court, as per the order of Judge Carlos A. Samour Jr. Defense attorneys call him Mr. Holmes. Prosecutors began trial referring to him with a disdainful “that guy,” but have since settled on “the defendant.”
On Tuesday morning, former neighbor Lori Bidwell talked about how “Jimmy was very shy.” His second-grade teacher, Ann Hestand, said, “I cared for him in 1996, and I still care for Jimmy.” Fifth-grade teacher Paul Henry Karrer said the defendant -- “he's Jimmy to me” -- was “like a renaissance child.”
That child grew into a deeply uncommunicative young man.
Once he went off to college, James Holmes was someone who largely interacted with his parents via e-mail and text, his father testified. Holmes gave his parents no inkling until it was too late that he had found and lost a girlfriend, dropped out of graduate school, amassed an arsenal, the father said.
His psychiatrist at the University of Colorado called Robert and Arlene Holmes in mid-June 2012, concerned about their son's behavior. On July 4, they decided to make the trip from their home in San Diego to check on his welfare.
They never got there. On July 20, James Holmes wrapped himself in protective armor, grabbed his weapons and shot up the Aurora multiplex.
Brady: “Assuming Mr. Holmes stays in jail or prison, do you and your wife intend to try and visit him if he will let you see him?”
Robert Holmes: “Yes.”
Brady: “Will you write him letters?”
Holmes: “Yes.”
Brady: “Will you always do that?”
Holmes: “Yes.”
Showing posts with label colorado. Show all posts
Showing posts with label colorado. Show all posts
Friday, July 31, 2015
Friday, January 11, 2013
Colorado theater shooting case enters new phase
originally appeared in The Associated Press:
A judge has ordered the Colorado theater shooting suspect to stand trial, but his attorneys say they're not ready to enter a plea.
The District Judge ruled Thursday night that prosecutors had presented sufficient evidence to proceed with charges alleging James Holmes killed 12 people and injured 70 others at a suburban Denver movie theater July 20.
Holmes is charged with multiple counts of first-degree murder and attempted murder.
The next major step is for Holmes to enter a plea during an arraignment hearing. The District Judge scheduled the arraignment for Friday but noted that defense lawyers will likely ask for a delay.
His defense attorneys filed papers earlier Thursday saying he's not ready to enter a plea.
Holmes' attorneys also objected to news media requests to bring cameras into the courtroom during the arraignment. Cameras have been barred from court since Holmes' initial appearance in July.
If Holmes, 25, is convicted of first-degree murder, he could face the death penalty. Prosecutors have not said whether they would pursue that sentence.
At a preliminary hearing this week, prosecution witnesses testified that Holmes spent weeks amassing an arsenal and planning the attack at a midnight showing of "The Dark Knight Rises." They also detailed an elaborate setup at Holmes' apartment designed to explode at the same time as the theater attack several miles away.
Prosecution witnesses testified that Holmes began acquiring weapons in early May and by July 6 had two semi-automatic pistols, a shotgun, a semi-automatic rifle, 6,200 rounds of ammunition and high-capacity magazines that allow a shooter to fire more rounds without stopping to reload.
Holmes' lawyers called no witnesses this week. They have said he is mentally ill.
The defense motion suggested the possibility of more delays in the case.
One possible reason that Holmes' attorneys could ask for a delay is to seek a mental health evaluation by a doctor of their choosing. If Holmes enters an insanity plea, an evaluation would be done by doctors at the state mental hospital.
Either side also could argue that Holmes is not mentally capable of assisting in his own defense. If that happens, the judge would order a mental competency evaluation. Sylvester also can order an evaluation if he has his own questions about Holmes' competence. Doctors at the state mental hospital in Pueblo would conduct such an examination, which can take months.
If Holmes were to be found incompetent, the case would come to a halt while he receives psychiatric treatment at the state mental hospital. He would remain there until doctors can restore him to competency, at which point the case would continue.
Once the judge rules Holmes is competent - either immediately after a competency hearing or after psychiatric treatment - and any other delays are resolved, Holmes would then enter a plea.
This happened with Jared Loughner in the Tucson, Ariz., shooting that killed six people and wounded 13, including then-Rep. Gabrielle Giffords. A federal judge ruled Loughner was incompetent to stand trial. After more than a year in treatment, Loughner was ruled competent, the case proceeded, and he entered guilty pleas. He is serving life in prison.
Ultimately, Holmes was widely expected to plead either not guilty or - more likely - not guilty by reason of insanity. In the latter case, too, Sylvester would order a psychiatric evaluation by doctors at the state hospital in Pueblo. A jury would consider that evaluation, along with testimony by expert witnesses, any other court-ordered evaluations and other evidence, in deciding at a trial whether Holmes is or is not guilty by reason of insanity.
If found not guilty by reason of insanity, Holmes would be committed to the state mental hospital for treatment. His case would be reviewed every six months. He conceivably could be released if he ever is deemed no longer insane.
Insanity is what this case is going to turn on, according to a Denver criminal defense attorney. This is not a whodunit case.
A judge has ordered the Colorado theater shooting suspect to stand trial, but his attorneys say they're not ready to enter a plea.
The District Judge ruled Thursday night that prosecutors had presented sufficient evidence to proceed with charges alleging James Holmes killed 12 people and injured 70 others at a suburban Denver movie theater July 20.
Holmes is charged with multiple counts of first-degree murder and attempted murder.
The next major step is for Holmes to enter a plea during an arraignment hearing. The District Judge scheduled the arraignment for Friday but noted that defense lawyers will likely ask for a delay.
His defense attorneys filed papers earlier Thursday saying he's not ready to enter a plea.
Holmes' attorneys also objected to news media requests to bring cameras into the courtroom during the arraignment. Cameras have been barred from court since Holmes' initial appearance in July.
If Holmes, 25, is convicted of first-degree murder, he could face the death penalty. Prosecutors have not said whether they would pursue that sentence.
At a preliminary hearing this week, prosecution witnesses testified that Holmes spent weeks amassing an arsenal and planning the attack at a midnight showing of "The Dark Knight Rises." They also detailed an elaborate setup at Holmes' apartment designed to explode at the same time as the theater attack several miles away.
Prosecution witnesses testified that Holmes began acquiring weapons in early May and by July 6 had two semi-automatic pistols, a shotgun, a semi-automatic rifle, 6,200 rounds of ammunition and high-capacity magazines that allow a shooter to fire more rounds without stopping to reload.
Holmes' lawyers called no witnesses this week. They have said he is mentally ill.
The defense motion suggested the possibility of more delays in the case.
One possible reason that Holmes' attorneys could ask for a delay is to seek a mental health evaluation by a doctor of their choosing. If Holmes enters an insanity plea, an evaluation would be done by doctors at the state mental hospital.
Either side also could argue that Holmes is not mentally capable of assisting in his own defense. If that happens, the judge would order a mental competency evaluation. Sylvester also can order an evaluation if he has his own questions about Holmes' competence. Doctors at the state mental hospital in Pueblo would conduct such an examination, which can take months.
If Holmes were to be found incompetent, the case would come to a halt while he receives psychiatric treatment at the state mental hospital. He would remain there until doctors can restore him to competency, at which point the case would continue.
Once the judge rules Holmes is competent - either immediately after a competency hearing or after psychiatric treatment - and any other delays are resolved, Holmes would then enter a plea.
This happened with Jared Loughner in the Tucson, Ariz., shooting that killed six people and wounded 13, including then-Rep. Gabrielle Giffords. A federal judge ruled Loughner was incompetent to stand trial. After more than a year in treatment, Loughner was ruled competent, the case proceeded, and he entered guilty pleas. He is serving life in prison.
Ultimately, Holmes was widely expected to plead either not guilty or - more likely - not guilty by reason of insanity. In the latter case, too, Sylvester would order a psychiatric evaluation by doctors at the state hospital in Pueblo. A jury would consider that evaluation, along with testimony by expert witnesses, any other court-ordered evaluations and other evidence, in deciding at a trial whether Holmes is or is not guilty by reason of insanity.
If found not guilty by reason of insanity, Holmes would be committed to the state mental hospital for treatment. His case would be reviewed every six months. He conceivably could be released if he ever is deemed no longer insane.
Insanity is what this case is going to turn on, according to a Denver criminal defense attorney. This is not a whodunit case.
Wednesday, November 21, 2012
Ammendment 64 Opens Marijuana Tourism in Colorado
story first appeared on Mother Jones
Two years ago in Breckenridge, Colorado—on April 20 at 4:20 p.m., to be precise—Mike Davis opened up a pot lounge. The Club 420 didn't just cater to medical marijuana patients: Any adult with a bag of weed could come inside, rent a vaporizer, and smoke out. Citizens of this quaint snowboarding village had recently voted to decriminalize pot possession, but local officials figured a pot lounge was a step too far and quickly shut it down. No matter. Breckenridge continued to be known as Colorado's most toker-friendly tourist town—"the Amsterdam of the Rockies." Ski Condos in Breckenridge are already seeing a bump in what could be the pot tourist effect.
While Breckenridge's tourism boosters have hesitated to embrace that label—at least publicly—they might change their minds with the passage last week of Amendment 64, a statewide measure to legalize the sale and recreational consumption of pot. Caitlin McGuire, the owner of the Breckenridge Cannabis Club, one of five medical marijuana dispensaries in this town of just 3,400 residents, says legalization will be a huge boon to the local economy. She guesses that travellers will choose Breckenridge so they can experience our great outdoor beauty—and then relax with a joint at the end of the day.
Be that as it may, Breckenridge is approaching pot tourism like an intermediate skier would scope out a double black diamond: with extreme caution. Local leaders still talk about the fallout from the town's 2009 decriminalization law, which inspired some conservative groups to call for a boycott of the town. "Fifty percent of people thought we were doing the work of the devil, and the other fifty percent thought we were the most enlightened community around," says Mayor John Warner, who backed the law. Ultimately, Breckenridge's embrace of pot had no noticeable effect on tourism, he adds.
Warner believes that the Town Council will probably embrace legalization—within limits: no cannabis shops in the middle of town next to top quality Ski Gear shops. You won't see pot-leaf signs or provocative ads. The town doesn't want to scare away families with kids or attract the wrong kinds of visitors.
Of course, even if Breckenridge were to leave its pot regs up to Cheech and Chong, local "ganjapreneurs" might hesitate to replicate the freewheeling Amsterdam scene. The first to take the big risks will be dealth with the most aggressively, according to Dale Sky Jones, the Executive Chancellor of Oaksterdam University in Oakland, California, which was raided by federal agents after its founder, Richard Lee, led a state legalization campaign in 2010. Federal crackdowns have crimped Oakland's pot tourism plans and scared other cities off of similar ideas.
Given the risks, the first towns to try and normalize the marijuana trade may be the ones with less to lose—for instance, municipalities in the grittier post-industrial parts of Washington state, which also voted on Tuesday to legalize marijuana. Possession of small amounts of weed will be legal there early next month, and state-licensed marijuana stores could open by December 2013.
And there's the pipe dream of pot-farm tourism: legalized cannabis plantations with tasting rooms and u-pick buckets. Don't count on it, says Chris Van Hook, the owner of Clean Green, a California-based pot ecocertification program. Some of the dozens of cannabis farmers he visits each year in the state's Emerald Triangle had considered the idea for their medical marijuana patients, but set it aside in the face of amped-up federal raids.
If the feds don't immediately nip legalized marijuana in the bud, chances are that "green travel" will grow slowly as entrepreneurs and pot-friendly towns gauge how far they can push matters. Over time weed cafe's may become "must see" activities included in Snowboard packages with helmets and boots and Snowboard Bindings. Places like Breckenridge might be the first beneficiaries as they rely on pot stores to draw additional visitors, but stop short of visibly promoting them.
Two years ago in Breckenridge, Colorado—on April 20 at 4:20 p.m., to be precise—Mike Davis opened up a pot lounge. The Club 420 didn't just cater to medical marijuana patients: Any adult with a bag of weed could come inside, rent a vaporizer, and smoke out. Citizens of this quaint snowboarding village had recently voted to decriminalize pot possession, but local officials figured a pot lounge was a step too far and quickly shut it down. No matter. Breckenridge continued to be known as Colorado's most toker-friendly tourist town—"the Amsterdam of the Rockies." Ski Condos in Breckenridge are already seeing a bump in what could be the pot tourist effect.
While Breckenridge's tourism boosters have hesitated to embrace that label—at least publicly—they might change their minds with the passage last week of Amendment 64, a statewide measure to legalize the sale and recreational consumption of pot. Caitlin McGuire, the owner of the Breckenridge Cannabis Club, one of five medical marijuana dispensaries in this town of just 3,400 residents, says legalization will be a huge boon to the local economy. She guesses that travellers will choose Breckenridge so they can experience our great outdoor beauty—and then relax with a joint at the end of the day.
Be that as it may, Breckenridge is approaching pot tourism like an intermediate skier would scope out a double black diamond: with extreme caution. Local leaders still talk about the fallout from the town's 2009 decriminalization law, which inspired some conservative groups to call for a boycott of the town. "Fifty percent of people thought we were doing the work of the devil, and the other fifty percent thought we were the most enlightened community around," says Mayor John Warner, who backed the law. Ultimately, Breckenridge's embrace of pot had no noticeable effect on tourism, he adds.
Warner believes that the Town Council will probably embrace legalization—within limits: no cannabis shops in the middle of town next to top quality Ski Gear shops. You won't see pot-leaf signs or provocative ads. The town doesn't want to scare away families with kids or attract the wrong kinds of visitors.
Of course, even if Breckenridge were to leave its pot regs up to Cheech and Chong, local "ganjapreneurs" might hesitate to replicate the freewheeling Amsterdam scene. The first to take the big risks will be dealth with the most aggressively, according to Dale Sky Jones, the Executive Chancellor of Oaksterdam University in Oakland, California, which was raided by federal agents after its founder, Richard Lee, led a state legalization campaign in 2010. Federal crackdowns have crimped Oakland's pot tourism plans and scared other cities off of similar ideas.
Given the risks, the first towns to try and normalize the marijuana trade may be the ones with less to lose—for instance, municipalities in the grittier post-industrial parts of Washington state, which also voted on Tuesday to legalize marijuana. Possession of small amounts of weed will be legal there early next month, and state-licensed marijuana stores could open by December 2013.
And there's the pipe dream of pot-farm tourism: legalized cannabis plantations with tasting rooms and u-pick buckets. Don't count on it, says Chris Van Hook, the owner of Clean Green, a California-based pot ecocertification program. Some of the dozens of cannabis farmers he visits each year in the state's Emerald Triangle had considered the idea for their medical marijuana patients, but set it aside in the face of amped-up federal raids.
If the feds don't immediately nip legalized marijuana in the bud, chances are that "green travel" will grow slowly as entrepreneurs and pot-friendly towns gauge how far they can push matters. Over time weed cafe's may become "must see" activities included in Snowboard packages with helmets and boots and Snowboard Bindings. Places like Breckenridge might be the first beneficiaries as they rely on pot stores to draw additional visitors, but stop short of visibly promoting them.
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