Defence to argue Colorado shooter unfit for trial

January 9, 2013 3:36 pm


Holmes, who faces multiple counts of first-degree murder and attempted murder in a photo released on September 20, 2012/AFP-File
Holmes, who faces multiple counts of first-degree murder and attempted murder in a photo released on September 20, 2012/AFP-File
CENTENNIAL, United States, Jan 9 – Defence lawyers for the man accused of opening fire in a US theatre in July, killing 12 and wounding dozens more, readied on Wednesday to call witnesses in a bid to stop the case from going to trial.

The preliminary hearing, which began on Monday, has been emotionally harrowing as relatives and police choked back tears or wept openly at testimony describing the slaughter at a packed midnight screening of the Batman film “The Dark Knight Rises”.

Prosecutors have closed their case for the alleged gunman, James Holmes, to face trial. Next up, defence lawyers are expected to highlight Holmes’ mental instability as a possible reason he should not.

Offering a preview of that strategy at the hearing Tuesday, defence attorney Tamara Brady asked federal firearms supervisor Steven Beggs if there was a process in Colorado “to screen out purchases by a severely mentally ill person.”

“No,” replied Beggs, who detailed for the prosecution how Holmes had purchased more than 6,000 rounds of ammunition in the months before last July’s shooting in Colorado, both online and in person.

Curious behaviour by Holmes during police questioning was also recounted: at one point he tried to stick a metal staple into a power socket. At another, he played hand puppets with gloves that had been put on him to preserve evidence.

On Tuesday, the prosecution finished presenting its evidence aiming to show Holmes had drawn up an elaborate plan for mass murder.

FBI bomb technician Garrett Gumbinner said Holmes told investigators after being arrested that he had booby-trapped his apartment, in an attempt to draw emergency responders away from the theatre shooting site.

Officers found a trip wire at the door of his home, rigged to set off flame and sparks that would catch the gasoline-soaked carpet and go on fire.

There were six-inch fireworks shells filled with improvised thermite, a hot-burning explosive.

“You can’t put it out with water,” Gumbinner told judge William Sylvester. There were also three containers of improvised napalm, 11 bottles of gasoline and other chemicals intended to act as fire accelerants, he said.

There were three systems in the apartment intended to initiate the explosive devices, including one linked to a trash bag near the apartment dumpster by a remote control.

Aurora police officer Tom Welton testified that Holmes made postings on two dating websites earlier in July, asking “Will you visit me in prison?”

Part 1 | Part 2

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