CENTENNIAL, Colo. — A judge ruled on Friday that an arraignment hearing for James E. Holmes, who is accused of killing 12 people and wounding dozens of others in an Aurora, Colo., movie theater in July, will be postponed until March.
The judge, William B. Sylvester, of Arapahoe County District Court, had ruled late on Thursday that there was enough evidence presented during a three-day hearing for Mr. Holmes to stand trial on 166 counts, including 12 counts of first-degree murder. But the judge agreed on Friday to postpone the arraignment hearing until March 12 to give Mr. Holmes's defense lawyer more time to enter a plea.
The judge said that while he empathized with the victims’ desires to move forward with the case, he decided that it was appropriate to give the defense more time to prepare for the hearing. Prosecutors had objected to the delay and said they were ready to move forward with the case immediately.
Victims sitting in the courtroom gallery here were visibly upset at the prospect of having to wait for several more weeks until Mr. Holmes enters a plea. As the lawyers and the judge discussed the matter in court, several victims and family members stormed out of the courtroom.
In the judge’s order on Thursday, he outlined the evidence the authorities provided during the preliminary hearing this week. An agent for the Federal Bureau of Investigation testified that Mr. Holmes, a former neuroscience student, told investigators that he planned to blow up his apartment to create a diversion on the day of the shooting. Prosecutors also presented photos Mr. Holmes took with a cellphone in the hours before the shooting that showed him grinning with the muzzle of a Glock pistol nearby.
The judge’s 62-page order lists the name of each victim in the shooting, both those who were killed and the more than 50 who were injured. Enough evidence was presented to show that Mr. Holmes acted deliberately and with malice, the order said.
“The court finds that the people have presented evidence that establishes that there is probable cause to believe that defendant demonstrated the requisite mental state of having universal malice manifesting in extreme indifference to the value of human life inside the Century 16 Theater to commit the crime of first-degree murder with extreme indifference,” the order said.
Mr. Holmes’s defense lawyer did not call any witnesses during this week’s hearing and signaled that he plans to argue Mr. Holmes is not guilty by reason of insanity.
During the hearing, the F.B.I. agent, Garrett Gumbinner, testified that Mr. Holmes had sent an elaborate trap of explosives in his apartment because he wanted to bring the authorities there instead of the movie theater. The police found homemade explosives, including three jars of napalm, and the carpet was drenched with gasoline and oil.
The judge, William B. Sylvester, of Arapahoe County District Court, had ruled late on Thursday that there was enough evidence presented during a three-day hearing for Mr. Holmes to stand trial on 166 counts, including 12 counts of first-degree murder. But the judge agreed on Friday to postpone the arraignment hearing until March 12 to give Mr. Holmes's defense lawyer more time to enter a plea.
The judge said that while he empathized with the victims’ desires to move forward with the case, he decided that it was appropriate to give the defense more time to prepare for the hearing. Prosecutors had objected to the delay and said they were ready to move forward with the case immediately.
Victims sitting in the courtroom gallery here were visibly upset at the prospect of having to wait for several more weeks until Mr. Holmes enters a plea. As the lawyers and the judge discussed the matter in court, several victims and family members stormed out of the courtroom.
In the judge’s order on Thursday, he outlined the evidence the authorities provided during the preliminary hearing this week. An agent for the Federal Bureau of Investigation testified that Mr. Holmes, a former neuroscience student, told investigators that he planned to blow up his apartment to create a diversion on the day of the shooting. Prosecutors also presented photos Mr. Holmes took with a cellphone in the hours before the shooting that showed him grinning with the muzzle of a Glock pistol nearby.
The judge’s 62-page order lists the name of each victim in the shooting, both those who were killed and the more than 50 who were injured. Enough evidence was presented to show that Mr. Holmes acted deliberately and with malice, the order said.
“The court finds that the people have presented evidence that establishes that there is probable cause to believe that defendant demonstrated the requisite mental state of having universal malice manifesting in extreme indifference to the value of human life inside the Century 16 Theater to commit the crime of first-degree murder with extreme indifference,” the order said.
Mr. Holmes’s defense lawyer did not call any witnesses during this week’s hearing and signaled that he plans to argue Mr. Holmes is not guilty by reason of insanity.
During the hearing, the F.B.I. agent, Garrett Gumbinner, testified that Mr. Holmes had sent an elaborate trap of explosives in his apartment because he wanted to bring the authorities there instead of the movie theater. The police found homemade explosives, including three jars of napalm, and the carpet was drenched with gasoline and oil.