CTVNews.ca Staff
Published Monday, Jul. 23, 2012 6:09AM EDT
Last Updated Monday, Jul. 23, 2012 12:36PM EDT
Prosecutors will consult with the survivors of a mass shooting in Colorado and the families of those who were killed before deciding whether to seek the death penalty for the suspected shooter.
James Holmes, the 24-year-old suspected gunman in the Colorado movie theatre shooting, appeared in court for the first time Monday looking stunned, unshaven and with a shock of dyed orange-red hair.
His case was put over for a week.
Speaking to reporters outside the court after Holmes' appearance, District Attorney Carol Chambers was asked whether prosecutors would be seeking the death penalty.
She said the decision would ultimately rest with the prosecutor, but said victims and their families would be consulted as part of that process.
"If the death penalty is sought, that is a very long process that will impact their lives for years...so if that happens we would want to get their input," Chambers said.
Chambers also said there is the potential for "many" charges to be laid against the accused, but that decision has not been made at this point.
She said prosecutors would be speaking with all the victims in the coming weeks and suggested it could take a year for the case to go to trial.
Holmes is accused of killing 12 people and wounding 58 in the shooting spree at the premiere of "The Dark Knight Rises" last week.
It is expected that formal charges will be filed on July 30 during his next court appearance.
Holmes appeared subdued Monday, sitting beside his lawyer in a burgundy prison jumpsuit and at times slowly closing his eyes -- prompting some to ask whether he was on medication.
Holmes has been held in solitary confinement at an Arapahoe County detention centre adjacent to the suburban courthouse where he made his Monday morning appearance.
He is accused of opening fire in a crowded movie theatre in Aurora, Colorado, where moviegoers had gathered to watch a screening of the latest film in the Batman franchise.
There was word Monday that Holmes isn't co-operating with police and has refused to speak to anyone following the immediate aftermath of his arrest, including lawyers.
According to Aurora Police Chief Dan Oates, Holmes has been assigned a public defender and has "lawyered up" since his arrest on Friday.
"He's not talking to us," Oates said.
CTV's John Vennavally-Rao, reporting from outside the court said few answers have emerged.
"The big question everyone seems to have is what was the motive, what was behind this, what led to this," Vennavally-Rao told CTV's Canada AM.
Holmes was a doctoral student at the University of Colorado Anschutz Medical Campus until he dropped out in June. It isn't clear why he quit the graduate program or whether he demonstrated suspicious behaviour leading up to the attack.
The suspect recently took an intense three-part exam to mark the end of the first year of his program. The exam is seen as an important milestone marker, where students assess their progress and either shift to full time research, or change direction.
The university will not say how Holmes did on the exam, citing privacy concerns.
One official from the school said police have told staff not to talk about Holmes. The university took down the website for its graduate neuroscience program on Saturday.
Meanwhile on Sunday, residents of the Aurora area held a prayer vigil and U.S. President Barack Obama arrived to meet with the families of the victims.
Obama said he told the families that "all of America and much of the world is thinking about them."
Obama met with the families at the University of Colorado Hospital in Aurora, the facility where many of the shooting victims were treated. In total, 10 victims remain at the hospital, seven with critical injuries.
At the vigil on Sunday night, several thousand people gathered to grieve and heal. A banner at the vigil read: "Angels Walk With Those Who Grieve."
"You're not alone, and you will get through it," said the Rev. Kenneth Berve, pastor at Grant Avenue United Methodist Church. Berve was a witness to the shooting. "We can't let fear and anger take control of us."
