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Colorado theater shooter charged with 142 counts, including 24 for murder

Monday, July 30, 2012 - 11:41am

UPDATE: James Holmes, a 24-year-old former doctoral student who is accused of carrying out a mass shooting inside a movie theater in Aurora, Colorado, was charged Monday with 142 counts, including first-degree murder.

The man accused of opening fire this month inside an Aurora, Colorado, movie theater will have his second court appearance Monday, when he is to face formal charges.

James Holmes is suspected of killing 12 people and wounding 58 during a Batman film premiere on July 20. He is also being held in connection with the subsequent discovery of his booby-trapped apartment, which authorities think he rigged before the massacre in the Century Aurora 16 multiplex.

Holmes is to be led Monday morning through an underground tunnel that connects the courthouse to the Arapahoe County Jail, where he has been held in isolation without bail.

At his court appearance, which starts at 11:30 a.m. ET, he is expected to face 12 charges of first-degree murder, charges of attempted first-degree murder and charges related to the booby-trapped apartment.

In his initial court appearance last Monday, the 24-year-old former doctoral candidate -- his hair dyed various shades of orange -- appeared dazed and did not speak.

Arapahoe County District Attorney Carol Chambers said last Monday that deciding whether to pursue the death penalty would involve input from victims and their relatives. A capital case would require a finding of either extreme indifference or deliberation.

Authorities have remained silent about a possible motive in the case.

A court document filed Friday revealed that Holmes was a patient of a University of Colorado psychiatrist before the attack.

The disclosure was made in a request filed by Holmes' public defenders for authorities to hand over a package he sent to Dr. Lynne Fenton at the university's Anschutz Medical Campus, where he had been studying neuroscience before announcing earlier this month that he was withdrawing from the program.

The package seized by authorities under a July 23 search warrant should remain confidential, protected by the doctor-patient relationship, the request said.

"The materials contained in that package include communications from Mr. Holmes to Dr. Fenton that Mr. Holmes asserts are privileged," said the document. "Mr. Holmes was a psychiatric patient of Dr. Fenton, and his communications with her are protected."

In response, prosecutors asked for Arapahoe County District Judge William Sylvester to deny Holmes' request, saying it contained inaccuracies including claims of media leaks by government officials that in reality may have been fabricated by news organizations.

Sylvester granted a hearing on the request, which is also scheduled for Monday.

Monday's court appearance comes after a weekend of funerals and memorial services for the victims. On Saturday, family and friends gathered outside Dayton, Ohio, to honor Matt McQuinn, who died while shielding his girlfriend from gunfire.

"Greater love has no one than this, that he lay down his life for his friends," said Herb Shaffer, McQuinn's uncle. "In a moment of crisis, you don't have time to think about what you're going to do, all you have time is to react."

Jessica Ghawi was remembered in San Antonio, Texas, by her brother, Jordan, who encouraged mourners to turn the tragedy into something positive. "If this coward could have done this with this much hate, imagine what we can do with this much love," he said.

Ghawi, a 24-year-old aspiring sports broadcaster, had narrowly escaped a shooting incident at a Toronto mall less than two months before the killings in Colorado.

"If you're putting your dreams on hold, you stop that right now," her brother said. "You don't know how long you have here."

A private service was held in Crystal Lake, Illinois, for John Larimer, a 27-year-old Navy petty officer, who received full military honors.

Ten survivors remained hospitalized, four of them in critical condition.

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