Tuesday, July 14, 2015

Prosecutor Urges Jury To Hold Theater Shooter James Holmes "Accountable"

Marc Piscotty / Getty Images

AURORA, Colorado — The incredible scope of the Aurora, Colorado, movie theater massacre in 2012 was made painfully clear as the charges against the shooter, James Holmes, were read aloud in court Tuesday.

Holmes is facing 165 counts of murder and attempted murder, including 24 charges related to the 12 people who died in the shooting.

With closing arguments set to begin, Arapahoe County Judge Carlos A. Samour Jr. read through each of the victim's names, multiple times Tuesday. The reading and other parts of the jury instruction lasted much of the morning. Holmes, who has been swiveling slightly in his chair, stared straight ahead, motionless.

Just feet away, the families of victims filled the rows of benches. As the judge read the names, a woman patted the back of man with gray hair who had his head bowed slightly. A few rows ahead, a couple clasped hands.

Handout / Getty Images

Attorneys began their closing arguments later in the day after 11 weeks of testimony from hundreds of witnesses. District Attorney George Brauchler faces the burden of proof — that Holmes had the mental capacity to know right from wrong, to form the intent to murder, when he entered the theater on July 20, 2012, and opened fire.

"That guy was sane beyond a reasonable doubt, and he needs to be held accountable for what he did," Brauchler told the jury.

State-appointed psychiatrists have testified that Holmes was legally sane at the time of the shooting, though he suffers from severe mental illness. A defense expert — a psychiatrist who specializes in schizophrenia — instead testified that Holmes was trapped in psychotic delusions in the weeks leading up to the shooting and could not be held responsible for his actions.

Brauchler questioned how Holmes could be insane as he meticulously planned the shooting spree while concealing his actions from friends, family, and authorities. He planned for contingencies, including that his victims might try to fight back. To Brauchler, those facts show Holmes knew what he was doing and had the capability to form intent to commit the crimes.

"He knows that his victims won't agree with him," Brauchler said. "He knows his victims want to live."

After the shooting, Holmes saw police officers begin arrive — they hadn't been diverted to his apartment, as he had planned, after explosives failed to detonate. Holmes evaluated the situation, placed his gun on the roof of his car and surrendered so that police would not kill him, Brauchler said.

"That is logical, that is rational, and that is anything but psychotic," Brauchler said.

The defense's closing arguments were expected to begin Tuesday afternoon.

If the jury finds Holmes not guilty by reason of insanity, he will be confined to a state mental hospital indefinitely. If he is found guilty, a second phase of the trial will begin to determine whether he should receive the death penalty or life in prison.