James Eagan Holmes, the suspected shooter in the Aurora movie theater killings, will appear in Arapahoe County court Monday morning for an initial advisement.
After that, it could be months until he is tried in the shooting of 71 people, 12 of whom died. In between, he could face a competency evaluation and a decision on whether the district attorney will seek the death penalty.
But Monday starts the clock ticking in his legal case.
District Attorney Carol Chamberswill likely decide sometime next week on what and how many charges to file against him. There will be at least 71 charges — one for each victim — and probably more .
Once charged, the defense will then ask that a preliminary hearing be set.
An arraignment would follow and then motions hearings before reaching trial. The process will likely take months.
For now, two of the biggest questions regarding Holmes’ legal case are whether the district attorney will seek the death penalty and whether his defense team will ask the state to determine whether he is competent to stand trial, legal observers say.
Chambers has not been shy about seeking the death penalty during her tenure. Two of the three prisoners currently on death row, Robert Rayand Sir Mario Owens, were put there by her office. And she has sought the death penalty six times.
But local attorney Scott Robinson wonders if she should be the one to make that decision. Chambers is term limited and two people are running in November to fill her seat.
“She may not be in the position to make the decision. She’s out of a job,” Robinson said. “In fact, I could take the position it’s really for the incoming prosecutor.”
Chambers could not be reached for comment.
But Denver attorney Phil Cherner said that whatever decision Chambers makes could be changed by the new DA, which will be Republican candidate George Brauchler or Democrat Ethan Feldman.
“The decision doesn’t have to be made initially. No prudent prosecutor would do that,” Cherner said. “There’s no reason to decide. They have a long time.”
The other issue is Holmes’ competency. He appeared to have a meticulous plan leading up to Friday’s massacre.
But Robinson said competency is about whether a suspect understands the court proceedings, not about whether they know right from wrong.
And Cherner said it might not always be wise to seek a court evaluation. His defense team will likely do its own evaluation before deciding on whether to ask the state to do so.
Ultimately, a judge would decide wither Holmes is competent for trial.
“If you raise the competency issue, you let the government into your client’s head,” Cherner said. “That’s the one thing they have that nobody else has.”
Carlos Illescas: 303-954-1175, cillescas@denverpost.comor twitter.com/cillescasdp
Comments are closed.