Colorado suspect granted a delay
The court audience reacted in surprise. James Holmes is accused of killing 12.
CENTENNIAL, Colo. - A judge on Friday delayed the arraignment of the man charged with the Colorado theater shooting until March despite objections from prosecutors and most of the survivors and their families.
District Judge William Sylvester ruled Thursday night that prosecutors had presented sufficient evidence at a preliminary hearing to proceed toward trial on charges that James Holmes killed 12 people and injured 70 others at a suburban Denver movie theater on July 20.
Holmes, 25, who is charged with multiple counts of first-degree murder and attempted murder, won't have to enter a plea until March 12 after the judge granted a defense motion to delay that proceeding.
A murmur of disbelief rippled through the courtroom when the defense said it wouldn't be ready until March. Then, at the end of the hearing, the father of Rebecca Wingo, who was killed in the shooting, shouted: "Rot in hell, Holmes!"
The judge reconvened the proceeding to talk to Steve Hernandez, who apologized and promised there would be no more outbursts. The judge was sympathetic.
"I am terribly sorry for your loss, and I can only begin to imagine the emotions that are raging," Sylvester told him.
Sylvester had asked Holmes if he objected to the delay and defense attorney Tamara Brady answered for him, saying he did not. Defense lawyers didn't say why they wanted to delay entering a plea.
One possible reason could be to seek a mental-health evaluation by a doctor of their choosing. Lawyers for Holmes have said he is mentally ill, raising the possibility of an insanity defense.
If Holmes had entered an insanity plea on Friday, an evaluation would be done by state doctors.
Prosecutors objected to the delay and said they were ready to move ahead.
Sylvester said he understood their position but wanted to make sure he did not do anything that could lay the grounds for an appeal.
"We want to avoid at all costs doing anything improper," the judge said.
The hearing capped an emotional week in which the public, including victims and their families, got the first look at evidence gathered against Holmes and heard police officers describe attempts to save the wounded.