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Pre-trial proceedings expected to focus on mental state of accused movie theater gunman
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First dramatic testimony in the Colorado movie theater massacre now -- -- hearing that could mean the difference between life and death for the suspect in this crime James Holmes.
Prosecutors say they'll decide after that but this goes on whether decided to go for the death penalty after this week's proceedings.
Today in court prosecutors are for the first time giving it detailed.
Indication of exactly what happened during -- chilling crime.
How they say the suspect ambushed a sold out screening of the new Batman movie back in July tossing -- gas canisters filled with choking smoke.
And shooting panicked moviegoers as they tried to make an escape.
In all this is shooter killed twelve people and wounded dozens more.
And before today's hearings prosecutors warned victims' families a lot of the testimony.
Will be mighty hard for them to bear.
Police here Acuna with the news she's live outside the courthouse this afternoon at Centennial, Colorado.
They get off to a very graphic start today -- -- Did they did chat and two veteran police officers.
Broke down in tears on the stand is they described in.
He found people screaming help us help us he heard cell phones going off bringing -- ringing he says.
He explained and an alarm officer grizzled choked up when it came to the moment he were called when another officer carried seven year old Veronica moser Sullivan to him.
She's the youngest victim.
The courtroom was silent as he tried to compose himself describing handing her off to be taken outside.
According to drizzle and a sergeant on -- they decided to start taking victims to hospitals via their own patrol cars.
Because ambulances were not on scene yet you know once this testimony was complete they were family members and victims.
In the courtroom they were hugging the officers and crying and thinking them Holmes sat in the -- today with no expression -- What do they say about that suspects' -- -- -- here.
Well we officers also describes coming upon a scene in which they thought they saw a fellow law enforcement officer someone in -- helmet and -- gas mask but ask that person who's standing in front of a car.
Just stood there doing nothing amidst all of the chaos they realize it was something different completely and they moved into arrest James Holmes who was head to -- body armor officer grizzled testified that he asked Holmes.
Who's helping you officer drizzle says Holmes looked at me and smiled the prosecutor asks what kind of smile officer grizzled answers like a smirk.
They have described homes during these moments is being very very relaxed.
As being very calm staring off into the district distance and I'm not to reacting normally chat.
Police Villa Acuna at the courthouse Centennial, Colorado this after it was -- thank you.
So what this -- really all about.
Judge Andrew Pollack -- was with the -- user Fox News senior judicial and with this this isn't the trial this is.
Not all of this -- this is a preliminary hearing I mean not normally the state doesn't want to hold a hearing like this because they basically have to show their -- they have to.
Put on the stand of their witnesses and present their evidence in the the defense can cross examine it.
To prove to the judge that they have a case.
That they have enough evidence to require the court to summon -- jury and to force the defendant to go through trial they don't have to prove the case.
They have to demonstrate that they have reliable credible evidence lawfully obtained which -- believed by a jury.
Could convict him.
Well why would the state do this you know -- -- Because the state may not want to try this case the statement wanna persuade the defendant and his lawyers that he would be best off.
Pleading guilty.
And going away -- the rest of his life rather than exposing himself to this horrific horrendous gut wrenching testimony.
And risking being.
Condemned the death.
And if this is not a matter of anything else but do you spend the rest of your life in prison or do you get the death penalty and I guess for the jury.
The most what they have to decide now what his mental state is not now but at the moment he was committees Chrysler is no jury in the courtroom they have not yet been summoned or or even call we don't know the jury severe even think if there will be -- There's just the judge there.
So there's a there's a couple of forces at play here.
The defense wants to see how strong the State's cases the status have to let the defense -- how strong it is.
The state would like the case to be so strong.
That the defendant doesn't want to go through this again and will plead guilty of the defense lawyers may very well want their plaintiff to plead guilty because they don't want to go through this the other way to look at it is.
This -- obviously seriously.
Seriously seriously disturbed.
Can -- jury even determine whether or not he was of sound mind.
At the moment he committed these horrific crimes it seems almost criminal even put these families.
After all they've been through to have to hear details that we we will not even know we have -- your right chip we have not heard details what -- -- -- reported as as -- precise and compelling as it was is among the most graphic I have ever heard it's you can understand.
What -- cops themselves have broken down as they're describing it.
So this is yet another factor play here.
-- really wanna force everybody to go through all of this again or might it be better for all involved if the person who obviously planned the plot of this and pulled the trigger.
Agreed to go away for the rest of his life and group because we you know there's this I think this is -- beginning of a long.
Painful journey for everybody involved in this case.
There -- have been through so much yes judge thank you you're welcome.
