October 2013 Hearing Notes

Spending hours and hours in that courtroom pays off when you get to witness gems like this.  I wanted to crawl under a rock for some of these officers and detectives when Tamara was questioning them.  This isn't even the half of it. Come on now, they FORGOT to audio record James during his interrogation, then the recorder was "accidentally" turned off, and NO ONE took any notes?? Then each officer had a different story about who dragged James to the dumpster and searched him a second time. I know they weren't allowed in the courtroom while each other was testifying but don't you think they spoke beforehand at least to get their stories straight? Did they forget what they said on the stand back in January? Hearing them testify back to back and hearing the lies and discrepancies while everyone glanced at each other inside the courtroom suspicious and confused was pretty shocking but awesome at the same time. And detective Appel who was the detective in charge of the entire case "doesn't remember" if James' parents hired a lawyer and doesn't recall the MANY times she called him and spoke to him that day.  He doesn't even remember that a public defender was waiting in the jail lobby all day begging to see James, even though they spoke face to face. "Oh yeah, I think I might vaguely remember that" AFTER Tamara handed him his own written notes from that day to jog his memory! Boom. Give me a break. Each time an officer entered the courtroom to testify, James made eye contact with each one and watched them take their seat with his head held high, like he was noting who wronged him.  Each officer seemed to avoid looking at James.

October 2013

After James was arrested and taken to the Aurora Police Department, he was video interrogated but only part of the time because they forgot to hit the record button. His shirt was halfway ripped off his body and he was in his boxer shorts. They didn't get him down to his T-shirt and boxers until after the second search of him that the police conducted, pulling him out of the police car because he was "fidgeting" and still had his gear on. They testified that they didn't hurt or harm him in any way and James never complained or said 'ouch.' James asked for water and OXYGEN during the questioning. (Shortness of breath is a side effect of scopolamine, just a fact). When they asked him if he wanted them to bring in a fan or call an ambulance he replied, "No." When they asked him if he needed help he replied, "Do you mean counseling?" Which Daniel King argues he really was asking for "counsel" because he wanted a lawyer. When someone FINALLY read him his Miranda rights over two hours after his arrest (should have been done while he was being handcuffed), James simply stated, "Miranda" and that he wanted to "invoke his fifth amendment rights" and wanted a lawyer. It was stated that immediately after this, James stopped talking.  Oh, but then how did they dismantle all those bombs with his help? *EYE ROLL.* If you're going to lie, at least keep your stories straight.

That same morning after the shooting occured while his father Robert was on a plane heading to Colorado, James' mother contacted a Denver attorney to represent him, Iris Eytan. Iris immediately called the Aurora city jail where James had now been transferred to, right next door to the police department he was previously at. She left Detective Appel multiple messages trying to reach him and let him know that Mr. Holmes was now being represented and to not speak to him anymore under any circumstances. When she finally did get in contact with him, he asked her if they could ask James some more questions. She said, "NO. Absolutely not."  Today he didn't remember if the Holmes family had ever even hired a lawyer and said he didn't know, "maybe someone in California?" I will never forget the way Tamara replied, "Do you remember his parents hiring a laywer in DEN-VER?!" That woman is such a power house. 

Iris Eytan. The attorney hired by James Holmes' parents immediately after the shooting.  

Today we heard from SWAT, FBI, Iris Eytan, and Det. Appel who handled the case. Once they learned the severity of the booby trapped apartment "something none of them had ever seen before ... highly sophisticated", they realized they needed to ask James how to diffuse the situation.  This is bomb squad, people .. they each have decades of experience. THEY FLEW OUT EXPERTS FROM D.C. I know James is a scientist and all but come on.  I specifically remember Chief Oates' press conference stating that James' work was stuff that could only come out of highly trained military. A brain scientist though, about to become a doctor? But they said "they needed to get smarter" and talk to James. The reason Appel wanted to ask James more questions was because they wanted to diffuse these bombs, otherwise they would have to take the entire building out and possibly damage nearby structures. James' family appointed attorney Iris said, NO. Again. She knew that the public defenders office would eventually be handed the case and thought it would be a wiser idea to have them negotiate all of that information with James. But they went ahead and asked him anyway. James' response was, "Didn't you evacuate the building?" This time it was not video recorded because THIS building doesn't have that capability. James' attorneys implied that he should have had James transferred back next door to have this interrogation recorded. He said that he did audio record some of it but only the last half because the audio recorder accidentally shut off. No notes were taken and much of the audio is not able to be understood. 

Officer Grizzle after testifying. Oh look, our friend Brauchler right behind him.

They interrogated James without letting him know that anything he said could be used against him. They said James was very tired and very soft spoken. He wasn't even cuffed, only his feet were shackled and they didn't feel the need to carry guns. At this point it was only two of them questioning James, they clearly didn't fear a "mass murderer" they knew nothing about. They said they did not re-Mirandize him because he had already asked for a lawyer (even though that request was blatantly ignored). Mr. King (one of James' current attorneys) had been in the lobby of the Aurora city jail now for hours, begging to see James. He was rebuffed repeatedly and told by Appel, "Not at this time." Today Appel stated that he was never even told that anyone was appointed as James' attorney, or that King was asking to see him. Though King says they spoke multiple times. The frustration displayed by Daniel King by this was so sincere and pained, I felt for him. Plain and simple, the lead investigator of this case did not want any lawyers (anyone) to see James. 

Officer Oviatt after testifying. Nice ear piece. 

During one witness interview (Detective Mehl), King pointed out that the timestamp on the video interrogation doesn't correlate with the 2:30 AM time they were supposed to have been interrogating him. King asks him why this is and he replies "I have no idea what you're talking about, I didn't see that." If that's not shady I don't know what is.

We heard from one of the bomb squad technicians that testified that the white spine board was slid underneath James' car by him because "it had been left there by an EMT and had blood on it" and he "didn't want to track the blood anywhere." But during the preliminary hearings back in January 2013, he testified that he had used that spine board to maneuver a camera under the car to search it. Why did his story change? He also stated yesterday that he needed to use the bomb robot to break the car windows and that the car keys were placed on top of the car but it was closed and locked. But we have already heard so much police testimony saying that his driver door was ajar when he was arrested. Since bombs were suspected to be inside the car, nobody would have shut it. 

One officer testified that it was him and only him that dragged James over to the dumpster area to be searched. Another officer stated that it was him and another guy only. And not a huge discrepancy but we got multiple accounts about which side of the vehicle James was seated on once inside the patrol car. But they DID fasten his seat belt and their tone with him was "friendly." How sweet. King pointed this out as being odd. Ya think? I just love how it's, "We made him very comfortable, we asked if he needed anything, we never hurt him..." His body was completely limp and he didn't show any kind of normal tension. He was detached. They said he showed no anger, and no signs of fear.

I was in the elevator with some media today and heard, "That was a bombshell. They're going to have some trouble now."

Also, I really hope I don't seem insensitive at all. But each cop testified the amount of blood and carnage going on in the back of the theater during James' arrest while everyone was running out. Gunshot wounds to the head, the chest, limbs, etc. Yet only one single blood trail. I wish this didn't bother me. How did nobody see his arrest taking place, also?
 
I have never seen Tamara Brady so MAD and passionate about James not being able to speak to anyone! I cried a little. His attorneys really do care about him a lot. She was fighting hard for him today.

That evidence bag puppet rumor turned out to be true (according to detectives), James did use gunshot residue bags as hand puppets. He also asked if they were for popcorn.  See, this confuses me: They were relying on this boy to diffuse extremely sensitive and technical bombs and wanted his "smarts and expertise" ??? So what is it?  Demonic killer that was so intelligently brilliant that the bomb squad couldn't figure out his devices, OR so mentally insane that he was in his own world seeing rainbows and unicorns?!