CENTENNIAL, Colo. 鈥� He said only fools would blame his murders on bad grades.
鈥淢ost fools will misinterpret correlation for causation, namely relationship and work failure as causes,鈥� Aurora theater shooter James Holmes wrote in his infamous spiral notebok.
But Monday鈥檚 court proceedings indicated otherwise. The prosecution screened surveillance footage of the defendant purchasing weapons from a Gander Mountain sporting goods store mere hours after a dismal performance on his final oral exam, June 7, 2012.
The defendant, who now faces the death penalty for聽killing 12 people and injuring 70 during his violent attack on a crowded movie theater, sat quietly in his chair as the courtroom watched the grainy聽time-lapse聽video. In it, he has dark hair and spends about 30 minutes in the store.
After spending nearly $1,000 on a Smith & Wesson semi-automatic rifle, magazines and ammunition, he took the gun from the clerk鈥檚 hands. A different video angle shows Holmes being escorted out of the store, per company policy.聽
Another surveillance video showed a repeat performance: on July 6, 2012, the defendant purchased a Glock handgun and ammunition from a Bass Pro Shop and was walked out of the store by an employee, per store policy.
This second video was notable because Holmes鈥� credit card was twice declined, forcing him to use a different one. He also wore a beige bucket hat, ostensibly to cover his newly-dyed red hair.
鈥淒id you see his hair?鈥� asked prosecutor Jacob Edson.
鈥淣o,鈥� replied gun salesman Brian Pennington.
Both videos were screened following numerous objections from the defense. Public defender Rebekah Higgs won a few victories for her client 鈥� Judge Carlos Samour Jr. initially sustained her objections regarding Edson鈥檚 failure to lay foundations for the videos 鈥� but they were ultimately played for the court in their entirety.
Judge: 鈥榊ou can鈥檛 have it both ways鈥�
Judge Samour took a hard line with the defense today regarding yet another video, this one even more controversial than the surveillance tapes. He said that what鈥檚 admissible for one side has to be admissible for the other, too.
The defense team has made it clear since the beginning of the trial that they intend to play footage from the defendant鈥檚 apparent psychotic episode in prison. In November, months after his July attack, the defendant began acting strangely in his cell. He licked walls, fell backwards off his bed and became uncooperative. When placed on suicide watch, he smeared feces around the cell.
The prosecution wants to play video footage from September, months after the shooting but before the shooter鈥檚 prison breakdown. They argue that it shows him behaving normally, demonstrating sanity.
But the defense claimed the video is irrelevant. They argued that, because it was taken months after the theater attack, it鈥檚 not representative of the shooter鈥檚 mindset at the time of his crime. They also said that it only tells part of the story. At 11 minutes long, it鈥檚 nowhere close to comprehensive 鈥� the defendant has now been in prison for almost three years.
Samour called foul.
鈥淵ou can鈥檛 have it both ways,鈥� he told the defense team. 鈥淭here has been an assertion that the defendant鈥檚 mental state after the shooting, including up to November, is relevant to the sanity plea.鈥�
Samour said that since both the September and November videos were recorded before the defendant was medicated, they were equally relevant to the question of his sanity. He also argued that the incomplete nature of the video was expected.
鈥淎ll of these video clips are necessarily incomplete,鈥� Samour said. 鈥淭he defendant has been in prison for three years. Thus to watch truly comprehensive footage, we鈥檇 have to be here forever.鈥�
Ultimately, Samour made it clear to the court that in at least one way, a capitol murder trial is a lot like life.
鈥淵ou can鈥檛 have your cake and eat it too,鈥� he said.
And then there were 20
Also notable from Monday鈥檚 trial: Juror 901 has been dismissed. Last week, she told the court that her brother-in-law had been in an accident. The next day, she clarified: It wasn鈥檛 so much an accident, but an attack. In an attempted robbery at an ATM he was shot four times and hospitalized in critical condition.
Though her relative was treated at the same hospital as many of the shooting victims, location didn鈥檛 play a role in the juror鈥檚 dismissal. Samour cited fears that the attack would affect her ability to remain impartial.
Juror 901, a student at the University of Denver鈥檚 Korbel International School, appeared attentive throughout the trial. She took diligent notes and has notified the judge more than once about potential conflicts of interest.聽When she left the courtroom, forbidden from contacting any of her fellow jurors for the rest of the trial, a single tear shone on her cheek.
Tuesday鈥檚 trial will feature testimony from one of the most anticipated witnesses in the case: Holmes鈥� graduate school psychiatrist, Dr. Lynne Fenton. The accused killer sent a 29 page manifesto now known as The Notebook to Fenton just hours before he opened fire in the crowded theater. She is expected to testify before lunch.
Editor鈥檚 note: CU News Corps will honor the victims of this tragedy with every post via this graphic.
