CENTENNIAL | A judge on Friday delayed until March the arraignment of accused Aurora theater shooter James Holmes. The brief scheduling hearing took an odd turn when the father of a woman killed in the theater shouted at Holmes from the gallery.
“Rot in Hell, Holmes,” yelled Steve Hernandez as Holmes was being led out of the courtroom.
Hernandez, whose daughter Rebecca Wingo was one of 12 killed July 20 inside the Century Aurora 16 theater, was taken into custody by deputies in the hallway and court reconvened so Judge William Sylvester could admonish Hernandez for the outburst.
When the hearing reconvened, and Holmes was brought back into the courtroom, there were 13 armed deputies in the room, five more than there typically are for Holmes’ hearings. Two deputies stood in the aisle near the victims and their families.
Sylvester did not charge Hernandez with a crime and said he understood the emotion involved.
“I’m terribly sorry for your loss and can only begin to imagine the emotions that are raging,” Sylvester said.
But, the judge said, it’s vital that observers respect the court process.
Sylvester also told the assembled victims and their families not to make any further outbursts and to remain quiet throughout the hearings.
Earlier Friday, when Sylvester announced Holmes’ arraignment would be pushed back to March, some of the victims grumbled about the delay.
The arraignment had been tentatively schedule for Friday, but Holmes lawyers said they weren’t prepared to enter a plea yet.
Deputy District Attorney Jacob Edson said prosecutors were ready for arraignment Friday, and that 84 of the 93 victims prosecutors contacted also wanted to move forward.
“We are ready to move this case along,” he said.
But Sylvester sided with the defense and granted the delay, saying rushing the case could lead to problems.
“I’m empathetic with the position of the victims in wanting to move this matter forward,” he said. “However, I must make sure this matter is done correctly.”
Sylvester said moving too quickly could lead to problems during any potential appeal, and those could lead to the case having to be retried.
Holmes sat quietly throughout Friday’s hearing, as he has throughout the three-day preliminary hearing earlier this week. There was one odd exchange when Sylvester asked Holmes if understand that delaying the arraignment meant the six-month clock on his constitutional right to a speedy trial wouldn’t start until at least March.
Holmes didn’t respond to the judge or even acknowledge the question. After a brief and awkward silence, Holmes’ attorney chimed in that he understood the delay.
After the arraignment, prosecutors will have about two months to announce whether they plan to seek the death penalty against Holmes, who police say killed 12 and injured another 70 during a shooting rampage at the Century Aurora 16 theater.
During a three-day preliminary hearing early this week, prosecutors laid out their case against Holmes, detailing his arsenal of weapons and the planning they say went into the massacre. Prosecutors say Holmes planned the shooting for months, buying four guns, thousands of rounds of ammunition and visiting the theater three times to take reconnaissance pictures of the doors.
Judge Sylvester ruled Thursday that there is ample evidence for Holmes to stand trial on all 166 counts against him.
Holmes’ lawyers have said he is mentally ill and an insanity defense is likely, experts say.
Defense lawyers didn’t give a reason for the delay. One possible reason could be to seek a mental health evaluation by a doctor of their choosing.
If Holmes had entered an insanity plea, an evaluation would be done by state doctors.
His attorneys also objected to news media requests to bring cameras into the courtroom during the arraignment. Cameras have been barred from court since Holmes’ initial appearance in July.
If Holmes were to be found incompetent, the case would come to a halt while he receives psychiatric treatment at the state mental hospital. He would remain there until doctors can restore him to competency, at which point the case would continue.
Once the judge rules Holmes is competent — either immediately after a competency hearing or after psychiatric treatment — and any other delays are resolved, Holmes would then enter a plea.
This happened with Jared Loughner in the Tucson, Ariz., shooting that killed six people and wounded 13, including then-Rep. Gabrielle Giffords. A federal judge ruled Loughner was incompetent to stand trial. After more than a year in treatment, Loughner was ruled competent, the case proceeded, and he entered guilty pleas. He is serving life in prison.
Ultimately, Holmes was widely expected to plead either not guilty or — more likely — not guilty by reason of insanity.
If found not guilty by reason of insanity, Holmes would be committed to the state mental hospital for treatment. His case would be reviewed every six months. He conceivably could be released if he ever is deemed no longer insane.
“Insanity is what this case is going to turn on,” said Denver criminal defense attorney Dan Recht. “This is not a whodunit case.”
The Associated Press contributed to this report.