Aurora Theater Shooting Hearing Day 3: Holmes Stuck Out Tongue

4:14 PM, Jan 9, 2013   |    comments
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Centennial, CO (KUSA) -- On Wednesday, Colorado continued to hear overwhelming evidence against Aurora theater shooting suspect James Holmes.


A preliminary hearing, essentially a dress rehearsal for trial, included graphic details never before revealed to the public. The hearing ended on Wednesday. The court said there would be a status hearing or an arraignment on Friday morning at 9 a.m. 

On Wednesday, a detective testified and showed many photos of Holmes' car outside of the theater, including photos taken on his personal cellphone. The prosecution said they had "an abundance of direct evidence" against Holmes, and claimed Holmes "wanted to kill all of them," and that "he knew what he was doing."

On Holmes' phone, police found four pictures of the inside and the outside of the theater prior to the shooting. The first photo showed the double doors of the theater as well as the carpet inside of the movie theater. It was taken on June 29 at 4:20 p.m. The second photo highlighted the door jamb of the interior door of the theater. That photo was taken on June 29 at 4:21 p.m. The third photo showed the sidewalk and the purple emergency exit doors of the theater, which was taken on July 5 at 11:30 p.m. The last photo showed an exterior door, the double purple doors and was taken on July 11 at 12:28 a.m.

The prosecution was going to show a set of eight more photos, but the defense objected, saying they contradicted their presentation. The prosecution argued "the following set of photos go to identify deliberation and extreme indifference." The judge overruled them and allowed the photos to be observed by the court.

On Wednesday, the defense waived their presentation of any witnesses. They said they have considered the courts' remarks and have changed their position. They do not think the preliminary hearing is the time or the place to present a truncated defense on his "mental state." They said they have no evidence to present during the preliminary hearing.

The first photo showed Holmes donning red hair, a ballistic gear, tactical equipment, holding an assault rifle and was striking a pose. The photo was taken on July 5 at 4:12 p.m. - more than two weeks before the shooting. 

The second photo was a photo of the countertop and a microwave with a mason jar filled with liquid, wires on the outside and a bowl of black powder in his apartment. Police later identified as smokeless powder. It was taken on July 16 at 8:26 p.m.

The third photo showed his apartment living room table. On the table, wires, paint canisters, bottles and nine black spheres with yellow cording could be seen. The black spheres were later identified by police as explosive devices. This photo was taken on July 16 at 8:27 p.m.

The next four photos were self portraits of Holmes. In the first one, he had his tongue sticking out, and he was wearing a black cap on his head. His red, curly hair was sticking out of the bottom of the hat. His eyes had black contacts in them. The photo was taken on July 19 at 6:22 p.m. - just hours before the shooting allegedly took place. 

The second portrait photo showed him looking the same as the first, but with a big, cheesy smile on and holding a semi-automatic gun in front of the lens. That was taken just three minutes after the first one. 

Thirdly, the other self-portrait photo showed Holmes without the hat. That photo showed him holding one of the explosive devices in front of his face while he puckered his lips. He took that photo on July 19 at 6:31 p.m. 

The last self portrait showed him on the right of the photo and in the background to the left, the initiation system which was set to self-detonate in his apartment could be seen. That was taken on July 19 at 6:40 p.m.

The last photo on his cellphone was of his bed - taken on July 19 at 5:17 p.m. On the bed are various items which were recovered in the movie theater the day of the shooting, such as a a tactical vest, some magazines for 223 rifle, a Glock magazine, a gas mask, a ballistic leggings, a ballistic jacket, aballistic helmet, an assault rifle with scope, a 870 pump-action shotgun, a tactical satchel and a carry bag.

At that point, the prosecution said they were done presenting evidence.


During Tuesday's preliminary hearing, two 911 calls were played for the courtroom and detectives detailed what they discovered in Holmes' apartment.


Witnesses also detailed the scope of the investigation and Holmes' arrest.


Monday marked the first day of the preliminary hearing. A couple of the officers who took the stand on Monday got quite emotional, often holding back tears as they described a chaotic scene with bloody victims and a parking lot so packed that ambulances could not get access.

Appel clarified Holmes purchased his ticket to the showing on July 7, not July 8 as was previously mentioned in Monday's testimony.


Holmes sat motionless and silent during all the testimony.


Many of the details revealed this week were brand new because of the gag order in the theater shooting case.

Without question there is enormous public interest in this case. News outlets from around the country are in Colorado.

Victims' families have flown in from across the country to see the preliminary hearing. Many have never stepped foot in the courthouse or been in the same room with the suspect.

"We're all going to get through this process. It's very traumatizing," said Jessica Watts, who lost her cousin Jonathan Blunk on July 20.

Blunk is one of the 12 people who died, while 58 others were injured.

"It's almost like an extended family. We'll definitely be sitting together in court," Watts said.

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