Skip to main content

Judge sets new Dec. 8 trial date for James Holmes

DAN ELLIOTT
Associated Press

DENVER (AP) — Defendant James Holmes had been scheduled go on trial in October, but District Judge Carlos A. Samour Jr. ordered a delay because a doctor requested more time to complete Holmes’ second sanity evaluation.

Samour announced the new date Wednesday.

Separately, Samour ordered prosecutors to clarify a statement they made to victims, saying it could be misinterpreted as telling them there was no need to speak to defense lawyers, even if they had something to tell them.

Holmes, 26, a former graduate student in neuroscience, pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 in the July 20, 2012, attack.

Holmes’ lawyers acknowledge he was the shooter but argue he was in the grips of a psychotic episode.

Prosecutors are seeking the death penalty.

More than 400 people were watching a midnight showing of “The Dark Knight Rises” in the theater in the Denver suburb of Aurora at the time.

Holmes underwent a mandatory sanity evaluation last year. The key findings haven’t been released, but prosecutors charged that the doctor who conducted it was biased.

After a closed-door hearing in January, Samour concluded that the first evaluation was flawed and ordered a new one.

This is Holmes’ fourth trial date. The first date, in August 2013, was canceled after prosecutors said they would seek the death penalty, raising numerous issues that had to be resolved before trial. The second, in February of this year, was scratched after prosecutors asked for the second sanity evaluation.

The third was Oct. 14, which the judge vacated last week after the doctor requested an extension.

Samour ordered the Arapahoe County District Attorney’s Office to clarify a May 8 email that one prosecutor sent to victims, telling them they could express their opinions through the DA’s office as well as — or better than — they could by speaking to the defense.

The judge rejected defense attorneys’ allegation that this was improper interference by prosecutors, but he said the email should have been worded better and must be clarified.

Prosecutors wanted Samour to punish prosecutors by ruling out the death penalty, prohibiting victims from testifying at the punishment phase of the trial if Holmes is convicted or by disqualifying the Arapahoe County DA’s office from the case.

Samour also rejected a defense request to see all the emails and letters prosecutors sent to victims.

In a letter to Samour released Thursday, the doctor who will conduct the second evaluation said he wants to videotape the examination because it will provide a more accurate and thorough record than handwritten notes.

The doctor, whose name has not been released, also said the videotape could be destroyed after his report is complete.

Holmes’ lawyers don’t want the doctor to videotape the examination, arguing state law doesn’t authorize it and that it could “interfere with the integrity” of the exam.

___

Follow Dan Elliott at http://twitter.com/DanElliottAP

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
Read Next Story