January 8, 2013

In Focus: Emotional testimony at hearing for massacre suspect

First responders recount the horror they encountered at the Colorado movie theater where 12 people died and dozens were wounded.

By DAN ELLIOTT The Associated Press

CENTENNIAL, Colo. - The officers struggled to hold back the tears as they recalled the Colorado theater shooting: discovering a 6-year-old girl without a pulse, trying to keep a wounded man from jumping out of a moving police car to go back for his 7-year-old daughter, screaming at a gunshot victim not to die.

Justin Grizzel
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Aurora Police Officer Justin Grizzle leaves court after testifying at a preliminary hearing for James Holmes at the courthouse in Centennial, Colo., on Monday.

The Associated Press

Tom Teves, Caren Teves
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Tom Teves hold hands with his wife, Caren, as they leave a preliminary hearing for James Holmes on Monday. The Teveses’ son Alex died in the shooting while protecting his girlfriend from gunfire.

The Associated Press

Additional Photos Below

"After I saw what I saw in the theater -- horrific -- I didn't want anyone else to die," said Officer Justin Grizzle, who ferried the wounded to the hospital.

A bearded, disheveled James Holmes, the man accused of going on the deadly rampage, didn't appear to show any emotion as Grizzle and the other officers testified Monday in a packed courtroom as survivors and families of those who died watched quietly. At one point, a woman buried her head in her hands when an officer recalled finding the 6-year-old girl.

"He's heartless. He really is. He has no emotion. He has no feeling. I don't know anybody can live that way," Sam Soudani said of the gunman afterward. His 23-year-old daughter survived after being hit by shrapnel from an explosive device at the theater.

On the first day of a hearing that will determine whether there's enough evidence to put Holmes on trial, the testimony brought back the raw emotions from the days following the July 20 attack at the suburban Denver theater that left 12 people dead and dozens wounded.

The massacre thrust the problems of gun violence and mental illness into the forefront before they receded in the ensuing months. Now, just weeks after a shooting spree at a Newtown, Conn., elementary school left 20 children and six adults dead, prosecutors are laying out their case with the nation embroiled in a debate over gun violence and mental illness.

Any new details to emerge this week -- including Holmes' mental state -- will come amid the discussion over an array of proposals, including tougher gun laws, better psychiatric care and the arming of teachers.

The hearing is the first extensive public disclosure of the evidence against Holmes. Other information has come out, including details about how he legally bought his guns in person and purchased thousands of bullets and body armor online as well as a notebook that he sent to a psychiatrist he had seen.

A district judge forbade attorneys and investigators from discussing the case publicly, and many court documents have been under seal.

It took this long to get to the preliminary hearing because lawyers have been debating what physical evidence should be made available to one side or the other, whether the psychiatrist who met with Holmes is barred from testifying by doctor-patient privilege and who was responsible for media leaks.

It wasn't immediately clear whether the doctor would testify this week.

On Monday, prosecutors called on the first responders to testify about the shooting at the midnight showing of the latest Batman movie, "The Dark Knight Rises," in Aurora. Holmes had bought his ticket almost two weeks in advance. Investigators say Holmes, wearing body armor, tossed two gas canisters into the packed theater and then opened fire.

When officers arrived, they saw people running out of the theater and trying to drive away. Others walked. Some of the wounded tried to crawl out.

Officers found Holmes standing next to his car. At first, Officer Jason Oviatt said, he thought Holmes was a policeman because of how he was dressed but then realized he was just standing there and not rushing toward the theater.

Oviatt pointed his gun at him, handcuffed him and searched him. He said he found two knives and a semi-automatic handgun on top of Holmes' car. An ammunition clip fell out of his pocket and Oviatt found another on the ground. He said Holmes was dripping in sweat and his pupils were wide open.

(Continued on page 2)

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Additional Photos

James Holmes
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This courtroom sketch shows accused killer James Holmes being escorted by a deputy as he arrives at a preliminary hearing at which he showed no emotion Monday.

The Associated Press

  


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