A judge says prosecutors in the Colorado theater shootings can use evidence found in defendant James Holmes' apartment, which includes homemade bombs and a calendar with the day of the shootings highlighted.
CLEVELAND - We're learning more about the man accused of bringing a backpack full of weapons into a Crocker Park movie theater.
Scott A. Smith, 37, was transferred from the Westlake Jail to the Cuyahoga County Jail and is expected to be in court Friday afternoon for an initial appearance.
Smith is now facing 21 counts for carrying a concealed weapon and having weapons under a disability.
The felony criminal complaint filed in Cuyahoga County alleges that evidence found with Smith also included hollow point bullets and a head mounted flashlight.
Westlake police said Smith joined the military in Jan. 1995 when he was 20 years old. He was discharged one month later when military officials discovered he was taking medication for psychological issues and failed to tell them about a pre-existing injury said Westlake police Lieutenant Ray Arcuri.
"Indeed he was in the military for the shortest of time. Private Scott Alan Smith enlisted in the Army in January 1995 and reported to Fort Leonard Wood for basic training," said Army Human Resources Command spokesman Ray Gall. "In February 1995 he was discharged and returned home from basic training (under privacy laws we cannot release the nature). As he did not complete basic training he had no military occupation skill (MOS) identifier."
Smith's attorney Matthew Bruce said he is not aware of any mental health issues with his client.
"His (Smith) actions were purely for self protection and he had no intention to harm anyone" Bruce said.
Police said Smith was currently taking pain medications and had medical equipment with him when he was arrested with guns, ammo and knives at Crocker Park's Regal Cinemas Saturday night.
Authorities now want to go through Smith's computer to see if they can find any more information about him, including what may have led to him bringing the weapons to the theater.
Additional felony charges could be tacked on for the 19 weapons found in his home when his case goes before a Grand Jury, police explained.
Lt. Arcuri said Tuesday morning that Smith had no permits for the weapons.
Regal Cinemas has signs posted clearly warning people that guns are not permitted inside the theater. Because of Smith's medical condition, he is not even permitted to own guns, police said.
Police said Smith hinted he had the bag of weapons at the theater for self protection, but police said they don't believe him.
Some recited the names of the dead. Some did good deeds for their neighbors. And some practiced yoga, walked through nature, or simply talked.
"The day that we could have died is the day that we get to spend the rest of our lives together," said Aurora, Colorado theater shooting survivor Kirstin Davis, who will marry her fiancé Saturday.
His face was hidden behind a gas mask, and he was costumed from head to toe in a police-style helmet, black cargo pants and black vest. Then he started shooting.
James Holmes, the former neuroscience graduate student accused of the deadly Colorado movie theater shootings, is headed to the state mental hospital for an evaluation of his sanity.
A judge on Tuesday accepted James' Holmes plea of not guilty by reason of insanity, setting the stage for a lengthy mental evaluation of the Colorado theater shooting suspect.
The suspect in the Colorado theater massacre could enter his long-expected insanity plea at a hearing Tuesday -- though the case could also veer off on another tangent as his lawyers seek the strongest possible defense.
Lawyers for the Colorado theater shooting suspect say he wants to change his plea to guilty by reason of insanity, but a judge won't rule on whether to allow that yet.
Lawyers for the man accused of killing 12 people and injuring 70 in a Colorado movie theater say he wants to change his plea to not guilty by reason of insanity.
Attorneys for the Colorado theater shooting suspect suggested in a court filing Monday that they might be considering entering a plea of not guilty by reason of insanity over their client's objections.