Prosecutors say suspect in theater massacre acted with deliberation

— A hearing laying out the evidence against the accused gunman in the Aurora, Colo., theater shooting ended Wednesday with the defense deciding not to call witnesses to explain James Holmes’ mental health.

The judge said he’ll rule by Friday on whether Holmes should stand trial. If the judge decides he should be tried, Holmes could enter a plea at a hearing scheduled Friday morning.

Prosecutors argued they had shown Holmes acted with deliberation and extreme indifference, presenting evidence he cased the theater before the July 20 shooting, which left 12 people dead and 70 injured. They also showed photographs they say Holmes took of himself and his arsenal hours before the attack. The cellphone photos include one of Holmes sticking his tongue out. His eyes are narrowed. He’s wearing a black shirt and black skullcap. On either side of his head are curls of red hair protruding up that look like horns.

Sgt. Matthew Fyles testified Holmes wore black contact lenses at the time the photo was taken at 6:22 p.m. on July 19.


In the third photo, Holmes looks at the camera with pursed lips. He’s holding one of the black, spherical objects that officials described as a pyrotechnic shell used to booby-trap his apartment. Protruding from the top is a red-and-white-striped fuse. It appears he’s blowing it out as if it were a candle.



