Batman suspect tried to con police
2013-01-09 19:00
Centennial - It was just hours after a Colorado movie
theatre shooting, and James Holmes was not acting like a man accused of
methodically planning the attack that killed 12 people.
As a police detective interviewed the suspect they'd
picked up outside the theatre, he started pretending the paper bags on his
hands - meant to preserve gunshot residue - were puppets.
The former neuroscience graduate student tried to jam a
staple into an electrical outlet.
He played with a cup on the table.
An officer noted that his eyes were dilated.
The description came on Tuesday as prosecutors try to
show that Holmes should face a trial for the 20 July attack at a midnight
showing of The Dark Knight Rises.
He faces more than 160 felony charges for allegedly
killing 12 and injuring 70.
Prosecutors have yet to decide whether to seek the death
penalty.
The hearing continued on Wednesday.
Defence attorneys say Holmes is mentally ill and have
said they might call witnesses who could discuss Holmes' mental health.
The description of Holmes after the attack, given by
police detective Craig Appel, seemed to conflict with prosecutors' attempts to
show Holmes as methodical, spending two months to assemble his arsenal.
The first recorded purchase: two tear gas grenades,
ordered 10 May online.
Holmes also bought two Glock handguns, a shotgun and an
AR-15 rifle, along with 6 295 rounds of ammunition, targets, body armour and
chemicals, prosecutors said.
He dyed his hair bright orange, then bought a scope and
non-firing dummy bullets on 1 July, the visit and the new hair colour
documented in security video.
Finally, he purchased glycerine and potassium
permanganate - chemicals that could combine to create fire and sparks - from a
science store.
At some point, he
also improvised napalm, as well as thermite, a substance which burns so hot
that water can't extinguish the blaze.
Planned attack
Holmes' purchases were split between two planned attacks,
prosecutors said - the theatre shooting and a booby trapped apartment that
would've blown up if anyone had entered.
The bottle of glycerine was meant to fall into the
permanganate when the door to his apartment opened, to cause an explosion and
then a fire, prosecutors said.
The manager of The Science Company, Steve Grebe,
confirmed the purchase, noting the amount was small and the materials are
common in junior high experiments.
The setup in Holmes' apartment had deadly potential,
though.
Parts of Holmes' carpet were soaked with gasoline and oil
and ammonium chloride, a white powder, was poured onto the floor in strips, FBI
bomb technician Garrett Gumbinner said.
"It would have ignited and the whole apartment would
have exploded or caught fire," Gumbinner said.
He said the system had two other initiating systems. One
was a pyrotechnics firing box that would have been triggered by the remote
control unit of a toy car left along with a portable stereo set to play loud
music.
Gumbinner said Holmes told him he hoped the music would
lure someone and lead them to play with the car, thereby detonating the
explosives.
The other initiating system was a model rocket launch box
which operated by means of infrared light, but Holmes told investigators it
wasn't armed, Gumbinner said.
The attempt at a distraction speaks to a plan to escape,
but the traps weren't triggered.
Holmes, clad from head to toe in body armour, was found
standing by his car outside the theatre.
He told investigators that the apartment setup was an
effort to pull police away from the theatre so, under that scenario; he
wouldn't expect to see police so quickly.
Police said he volunteered information about the traps.
Authorities went to the apartment and carefully
dismantled them.
Social networks
Prosecutors also used Holmes' dating website profiles to
try to prove he knew the consequences of his actions.
On two social networking websites - Match.com and
FriendFinder.com - Holmes asked: "Will you visit me in prison?"
The Match profile was created in April; the FriendFinder
account was opened on 5 July.
Holmes last accessed the sites two days before the 20 July
shooting, detective Tom Welton testified.
As prosecutors lay out their case, Holmes' lawyers have
been asking questions throughout the hearing that suggest a mental health
defence.
Attorney Tamara Brady asked Steven Beggs, a federal agent
who testified, whether there was anything to prevent "a severely mentally
ill person" from purchasing things like chemicals, ammunition and
handcuffs.
He replied no.
Defence attorney Daniel King asked Appel if Holmes was
tested for drugs or other substances.
"I saw no indication that he was under the influence
of anything," Appel said.
Holmes' lawyers could have waived the first public airing
of the case against him, but legal analysts say they may see the mini-trial as
a chance to gauge the prosecution's case or tactics to prepare for a possible
plea agreement.
Cases rarely advance to this stage without a judge
agreeing to set a trial.
If Holmes is found sane and goes to trial and is
convicted, his attorneys can try to stave off a possible death penalty by
arguing he is mentally ill.
If he's found not guilty by reason of insanity, he would
likely be sent to the state mental hospital, not prison.
Such a defendant is deemed not guilty because he didn't
know right from wrong and is therefore "absolved" of the crime, said
former Jefferson County District Attorney Scott Storey, who recently lost an
insanity case.
- AP
