ARAPAHOE COUNTY, Colo. — Attorney’s for the gunman accused of killing 12 and injuring 58 others in an Aurora movie theater in July did not call any witnesses to aid in their client’s defense before a preliminary hearing concluded on Wednesday.
While the prosecution called a number of witnesses, each providing emotional testimony about accused gunman James Holmes and the attack he allegedly committed, the defense explained why they would not call any witnesses to begin to establish an expected insanity defense.
“This is neither the venue nor the time to put on a show and a truncated defense,” Holmes’ lead defense attorney Daniel King said. “This is a preliminary hearing, not a trial.”
That didn’t stop the prosecution from presenting their final witnesses and exhibits on the third morning of the preliminary hearing in front of an overflowing courthouse.
When the prosecution finished, the hearing that was expected to last all week concluded before 10:45 a.m. Wednesday.
Arapahoe County District Judge William Sylvester will deliver his decision on whether or not there is enough evidence for Holmes to stand trial on Friday. Sylvester announced that he will allow cameras in the court room for that arraignment, giving the public its first view of Holmes since July 23.
Wednesday’s portion of the preliminary hearing began with a series of cell phone photos taken from Holmes camera — many of which were self portraits of the accused shooter on the night of the attack.
The first series of photos taken on June 29, July 5 and July 11. They all show images of interior and exterior portions of the Century 16 theater in Aurora where the attack occurred
Specifically, there were photos on the phone showing the theater’s door hinges and exits. There were also several shots of Holmes himself, holding an assault rifle and strapped with tactical gear.
On July 16, there were photos snapped on Holmes’ cell phone showing chemical materials littering the floor of his apartment unit
At 6:25 pm. on July 19, the night before the attack, Holmes’ cell phone camera snapped a photo of the accused gunman sticking out his tongue and wearing black contact lenses. His dyed red hair is hidden under a black cap.
At 6:31 p.m., there was a photo taken of Holmes holding bomb making materials. A photo taken at 6:40 p.m. shows detonation material laid neatly on a bed in Holmes’ apartment along with weapons, belts and body armor.
The prosecution said the photos speak to “identity, deliberation and extreme indifference.”
There was also a description of the items that were found on or near Holmes’ person and car on the night of the attack.
The prosecution said that police found caltrops in the front seat of Holmes’ car. Also known as road stars, caltrops are typically thrown on the ground to disable vehicles.
In addition to one the caltrops, the prosecution said police also found a used can of tear gas, a glock handgun with holster, two long gun cases an iPhone and a carryall bag in Holmes’ car.
Four gas masks were found at the scene of the shooting, with only two appearing to have belonged to Holmes, according to the prosecution.
It was also found that Holmes used a picnic table cloth clip to prop open the door to theater 9, where the attack occurred.