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.
AURORA, Colo - Documents released Friday in the theater shooting case show suspect James Holmes apparently didn't just send a notebook to his psychiatrist, but also burnt currency.
That new information comes in a document filed by the prosecution on Aug. 14. In that motion, the prosecution argues why the items sent to a CU-Denver psychiatrist should be seen by the court.
"The notebook and the burnt currency are not ______ [blacked out]. Until and unless reviewed by this court, nobody knows what they are, or even whether they would be, in any way related to ____ [blacked out]. Based on the circumstances, it is highly unlikely that they would _____ [blacked out] or privileged in any way," the prosecution said.
The court released 57 documents on Friday that were filed by prosecutors, defense attorneys and the media. The documents include small exhibit items like the copy of an exhibit envelope from a motions hearing and important motions such as the request that the package sent to the University of Colorado remain sealed and be turned over to the court or defense attorneys.
In one document, defense attorneys protest comments prosecutors made in court. NewsChannel5 Scripps sister station 7NEWS has already reported that in court, prosecutors said Holmes was "denied access" to the school [CU-Denver] "after he made threats to a professor." However, the defense said a spokesperson for the school said Holmes was never banned from campus.
That prompted defense attorneys to ask that prosecutors be sanctioned for what the defense team called "prosecution's reckless disregard for the truth." The judge ruled it was not a deliberate mischaracterization by the people and the sanctions were denied by the judge.
The documents show that prosecutors wanted more information about an expert the defense is reportedly using as an advisory witness. The defense gave the prosecution the curriculum vitae of the defense expert, however, it is blacked out in the document release so as not to reveal the person to the public.
See all of the documents released to the public since the shooting.
While some expected the new documents to shed more light on what prosecutors say led to the July 20 shooting at the Century 16 theater, most of the documents appear to be typical procedural filings.
Former University of Colorado, Denver, neuroscience graduate student James Holmes, 24, faces 152 charges in the shooting that killed 12 people and injured 58 others.
Defense attorneys claim Holmes is mentally ill and sought the help of a university psychiatrist before the shooting, raising the possibility that Holmes will plead not guilty by reason of insanity.
In court, prosecutors raised the prospect that Holmes was angry at the failure of a once promising academic career and stockpiled weapons, ammunition, tear gas grenades, and body armor as his research deteriorated and professors urged him to get into another profession. Chief Deputy District Attorney Karen Pearson said Holmes failed a key oral exam in June, was banned from campus and began to voluntarily withdraw from the school.
Key information in the case gleaned from previous court documents includes:
Confirmation that Holmes sent a package to CU psychiatrist Lynne Fenton. In the document, defense attorneys Daniel King and Tamara Brady described Fenton as Holmes' psychiatrist, although prosecutors have said that their doctor-patient relationship ended on June 11, weeks before the attack. The package contains a notebook that reportedly includes descriptions and drawings of an attack, but Fenton said she never saw the notebook.
Information from prosecutors that Holmes in March spoke with another student about killing people "when his life was over."
Prosecutors and defense attorneys had asked that court documents be sealed to preserve an ongoing investigation and protect Holmes' right to a fair trial. Sylvester ordered that some information in the documents that will be released have information blacked out to protect the identities of witnesses.
Documents that won't be released include an arrest affidavit, which contains information about the investigation, as well as requests for search warrants and subpoenas.
In his order, Sylvester noted that some information contained in court documents had been divulged in court and placing limits on what's released balances the public's First Amendment rights to see the court file, and prosecutors' and defense attorneys' concerns.
Holmes to submit DNA and palm print
The judge overseeing the case issued an order Tuesday allowing authorities to collect a palm print and DNA sample from Holmes.
Prosecutors argued that they needed the print from Holmes to compare it with a print found on the inside of a theater exit door, as well as a DNA sample for comparing with other evidence collected by investigators.
Victims and witnesses of the Aurora theater shooting may be allowed to go back inside the theater.
The Arapahoe County District
Attorney's office sent an email to the victims
this week telling them the news, according to an exclusive report by ABC News.
"The theater remains concerned about the Victims' and Witnesses' well-being and is open to the possibility of potential visits to the theater," the email read.
It instructs victims on how to get more information about the potential visits, but there are no dates or times given. The email said representatives of Cinemark, owners of the Century 16 theater, asked the district attorney's office to relay the information.
Theater officials announced last week that they plan to reopen the theater in 2013.
"It will be our privilege to re-open the theater. We pledge to reconfigure the space and make the theater better than ever," said Cinemark President and CEO Tim Warner in a letter to Aurora's mayor.
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.