Holmes hearing delayed amid 'Rot in hell!' outburst

NEED TO KNOW
  • Alleged Colorado shooter was to be arraigned Friday
  • Judge grants defense's request to delay the hearing
Sketch of James Holmes during hearing on 1/8/2013

At the end of what was supposed to be a brief arraignment hearing Friday, someone sitting on the victim's side of the courtroom yelled, "Rot in hell, Holmes!" to the man accused of opening fire inside an Aurora, Colorado, movie theater last summer.

The hearing didn't continue -- Judge William B. Sylvester granted James Holmes' attorney's request for more time to prepare.

Friday's outburst came at the end of a week in which prosecutors had been presenting evidence during a preliminary hearing to determine whether Holmes would stand trial for the shooting. 

On Thursday, Sylvester ruled that evidence was sufficient for Holmes to stand trial for the Colorado movie theater shooting, because prosecutors had established probable cause.

Because the arraignment has been postponed, the public will have to wait to find out what Holmes will plead in the case, which has attracted international attention.

Holmes faces 166 counts, including first-degree murder, for the rampage that left 12 people dead and dozens more wounded.

Holmes' attorneys are expected to argue that their client has "diminished capacity," a term that the Colorado Bar Association relates to a person's ability or inability "to make adequately considered decisions" regarding his or her legal representation because of "mental impairment or for some other reason.

Holmes' defense team did not call any witnesses in his preliminary hearing this week.

Read more: Aurora survivors - How they're doing

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