In an effort to avoid any further delays in the Colorado move massacre at the hands of James Holmes, prosecutors have ceased pressing for a notebook the lone suspect mailed to a local psychiatrist. Instead, the team pursued a palm-print in order to make a comparison with another taken from the exit door of the fateful theatre.
Holmes made another appearance in court on Thursday without his trademark bright orange hair, sporting considerably more conservative short brown hair and appearing noticeably livelier than during recent appearances. On this occasion, he looked around the interior of the courtroom and smiled at least once or twice.
He also appeared on occasion to be mouthing words, but not talking.
According to the victims’ families who were killed or injured in the shooting, the behavior Holmes is displaying is deliberate, orchestrated and represents an effort by the neuroscience graduate to be found mentally unfit for trial.
Accused of putting on a show rather than suffering from any genuine mental affliction, some have spoken out angrily as to the evil Holmes continues to display.
Contrary to prosecuting parties however, victims’ families have urged authorities not to rush the case, but rather to take all the time necessary to build a fair and accurate case against the defendant.
Holmes is facing a total of 152 separate charges following the movie theatre massacre on July 20th which results in 12 deaths and 58 injuries. He is yet to enter a plea over the charges and is not expected to do so until a preliminary hearing, where evidence will also be presented by prosecuting parties for the first time.
The preliminary hearing is to take place on November 13th.
The state of Holmes mental health contributed to the prosecuting party’s decision not to continue pressing for the disputed notebook, which is alleged to contain various graphic images and descriptions of a similar attack. Current in court custody, legal experts have stated that the notebook will eventually find its way to the prosecution if the mental health argument becomes an issue during the trial.
Those who enter not-guilty pleas on ground of insanity are covered by a myriad of patient privacy laws.
The prosecution stated that there is sufficient and compelling enough evidence against Holmes to drop its appeals to access the notebook, which would have taken considerable time to argue and rule upon. Instead, the team is now requesting a palm print from Holmes so as to be compared with one taken from the scene of the murders.
They argued that standard fingerprints taken during Holmes’ processing were insufficient, while defense attorneys argue that they have no legal grounds to request any further prints.
The request for a palm print has not yet been responded to.
Sylvester did not immediately rule on the prosecution’s request.
According to Holmes’ defense team, his apparent mental illness means that the notebook at the heart of the argument is covered by patient protection laws.
Should the notebook prove to hold the content suspected by the prosecution, it could singlehandedly bolster their entire case and prove that the shooting was a carefully planned and formulated attack carried out by a sane person.
Should Holmes be found as mental ill on the other hand – even if well enough to stand trial – the notebook will continue to be out of bounds for prosecuting parties.