Colorado shooting suspect spends a second day in court (+video)
The charges against the suspect, James Holmes, include 24 counts of first-degree murder (two counts per victim) and 116 counts of attempted murder. Prosecutors say a decision on whether to pursue the death penalty in this case could be months away.
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Moser's aunt, MaryEllen Hansen, said after Monday's hearing that she found Holmes a "diabolical, evil presence."Skip to next paragraph
In Pictures Aurora, Colo. shooting aftermath
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"But he looked very sane to me, he really did. His reaction looked different," she said. "When we've seen him before, he looked like he was kind of spaced out or out of touch. But he seemed very, very alert today and very lucid as to what was going on." Prosecutors, who are under a protective or "gag" order imposed in the case by the judge, declined to explain their decision to file the double charges, but it appeared to be a strategy to offer jurors more than one path to a guilty verdict.
During the hearing, defense attorney Tamara Brady asked that prosecutors turn over evidence collected in the case. The defense is seeking a package that news reports have said was sent by Holmes to a University of Colorado psychiatrist, Dr. Lynne Fenton.
Prosecutors responded that they had not yet opened that parcel, which according to Fox News contained a notebook outlining his plans for the shooting, including stick-figure drawings.
Holmes, a San Diego native, was a doctoral student of neuroscience at the university's Anschutz campus before turning in paperwork to drop out in June. Court documents filed on Friday by defense lawyers said he had been under Fenton's care.
Police have not offered a motive for the shooting rampage that stunned Aurora and evoked memories of the 1999 massacre at Columbine High School less than 20 miles (32 km) away in Littleton.
Authorities have said that following his arrest, Holmes called himself "the Joker" and experts say his mental state could play an important role in the case.
The judge set an Aug. 9 date to consider requests from attorneys representing news organizations to unseal court records and investigative documents. He added he would hold a hearing on Aug. 16 to determine what evidence should be considered protected between Holmes and his psychiatrist.
"The guy's a coward and he looked defeated because he knows he's not the one with the power any more, we are," said U.S. Marine Donald Lader, who was in Theater 9 at the time of the shooting but escaped injury.
Police said Holmes was armed on the night of the shooting with a Smith & Wesson M&P .223 semi-automatic rifle, similar to an AR-15 assault rifle; a 12-gauge shotgun and a Glock .40-caliber handgun, according to police.
An additional Glock .40-caliber handgun was found in his car. All the weapons had been bought legally in the previous 60 days.