In this courtroom sketch from July 30, 2012, James Holmes is seated during his arraignment where he was formally??
[Updated 12:30 p.m. EST/10:30 p.m CST]
The first police officer to encounter alleged gunman James Holmes after the shooting massacre at an Aurora, Colo. movie theater initially thought he was a cop.
Aurora police officer Jason Oviatt that he thought he was a member of law enforcement at the rear of the theater since the suspect was wearing a military helmet and gas mask similar to what they wear.
?When I first saw him I thought he might be a police officer,? Oviatt said at a hearing for Holmes.
But Oviatt held him at gunpoint because he wasn?t acting like a police officer. Holmes was just standing at his white car with his hands on the roof, not doing anything.
?The overall picture didn?t match of him being a police officer as I got closer,? Oviatt said.
After the Aurora police officer handcuffed Holmes he noticed a handgun on the roof of the car where his hands had been, he said. And, he grabbed him by the arm to take Holmes away, a magazine of ammunition fell to the ground, Oviatt said in the hearing.
When Oviatt asked Holmes how many weapons he had, Holmes responded: four.
Then Holmes volunteered that he and an improvised explosive device at his home. When asked by Oviatt if it would explode, Oviatt said, ?The suspect replied, ?If you trip them.? ?
Oviatt said Holmes was compliant and answered all his questions. He described the alleged gunman as relaxed. ?In his case he was very, very relaxed,? Oviatt said. ?He seemed very detached from it all.?
Oviatt and fellow Aurora officer Aaron Blue identified Holmes as the man they arrested at the car.
Blue helped with the initial arrest but then left to transport a victim who was shot in the head to the hospital.
Oviatt, upon cross examination by the defense said he told officers at headquarters that Holmes was staring off in the distance and not with it. ?He was dripping with sweat and he smelled badly,? Oviatt said of Holmes.
About 40 members of the media and six front rows of survivors, victims? families and friends listened intently to the morning proceedings.
[Updated at 8:30 a.m. ET/6:30 a.m. MT]
CENTENNIAL, Colo. -- The biggest hearing thus far in The People of the State of Colorado vs. James Eagan Holmes gets underway here Monday morning.
Anyone officially connected to the case has been under a gag order since Holmes was arrested in the July 20 movie theater massacre. All police reports, search warrants and other key records were ordered sealed.
This week's preliminary hearing will be the first public glimpse at the evidence prosecutors have against the alleged gunman who killed 12 people and wounded 70 in the attack.
The hearing could last a week, as prosecutors outline particulars of their 166 counts of first-degree murder and attempted murder. The district attorney have not publicly stated if they will seek the death penalty.
Holmes' attorneys may call witnesses to help lay the ground work for a possible insanity defense.
At the end, District Judge William Sylvester will decide if there is ample evidence to move to trial.
Monday's hearing is scheduled to begin at 11 a.m. ET/9 a.m. MT. Yahoo News will be at the hearing and will update this story during recesses throughout the day. No electronic devices or messaging is allowed from the courtroom.
The first police officer to encounter alleged gunman James Holmes after the shooting massacre at an Aurora, Colo. movie theater initially thought he was a cop.
Aurora police officer Jason Oviatt that he thought he was a member of law enforcement at the rear of the theater since the suspect was wearing a military helmet and gas mask similar to what they wear.
?When I first saw him I thought he might be a police officer,? Oviatt said at a hearing for Holmes.
But Oviatt held him at gunpoint because he wasn?t acting like a police officer. Holmes was just standing at his white car with his hands on the roof, not doing anything.
?The overall picture didn?t match of him being a police officer as I got closer,? Oviatt said.
After the Aurora police officer handcuffed Holmes he noticed a handgun on the roof of the car where his hands had been, he said. And, he grabbed him by the arm to take Holmes away, a magazine of ammunition fell to the ground, Oviatt said in the hearing.
When Oviatt asked Holmes how many weapons he had, Holmes responded: four.
Then Holmes volunteered that he and an improvised explosive device at his home. When asked by Oviatt if it would explode, Oviatt said, ?The suspect replied, ?If you trip them.? ?
Oviatt said Holmes was compliant and answered all his questions. He described the alleged gunman as relaxed. ?In his case he was very, very relaxed,? Oviatt said. ?He seemed very detached from it all.?
Oviatt and fellow Aurora officer Aaron Blue identified Holmes was the man they arrested at the car.
Blue helped with the initial arrest but then left to transport a victim who was shot in the head to the hospital.
Oviatt, upon cross examination by the defense said he told officers at headquarters that Holmes was staring off in the distance and not with it. ?He was dripping with sweat and he smelled badly,? Oviatt said of Holmes.
About 40 members of the media and six front rows of survivors, victims? families and friends listened intently to the morning proceedings.
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