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Colorado shooting: Judge set to decide if Holmes will stand trial

The judge in the case of the Colorado movie theater shooting will decide by Friday whether suspected shooter James Holmes will stand trial. In a hearing on Wednesday prosecutors in the case revealed images of Holmes taken on his cell phone before the shooting last year. 


A picture of Colorado shooting suspect James Holmes is shown in a courtroom sketch from a preliminary hearing. Prosecutors wrapped up their pretrial case on Wednesday against the man charged with killing 12 people in last summer's Colorado movie theater massacre.

REUTERS/Bill Robles

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The suspected gunman in last year's Colorado theater shooting used a cell phone to take self-portraits the night of the attack, sticking out his tongue, smiling and posing with a Glock pistol, prosecutors said Wednesday. The judge said he will rule by Friday on whether James Holmes will stand trial in one of the country's worst mass shootings.

The defense decided not to call witnesses to testify about Holmes' mental health at the hearing. They have said the 25-year-old is mentally ill and are expected to present an insanity defense.

The July attack left 12 dead and 70 injured. Prosecutors this week have argued that Holmes acted with deliberation and extreme indifference, and on Wednesday they showed photos they say Holmes took of himself and his arsenal hours before the attack.

The cell phone photos include one of Holmes sticking out his tongue. His eyes are narrowed. On either side of his head are curls of red hair protruding up like horns.

Sgt. Matthew Fyles testified that Holmes also wore black contact lenses at the time the photo was taken.

In another photo taken that evening, Holmes grins at the camera, with the muzzle of a Glock pistol below his face.

In a third photo, Holmes looks at the camera with pursed lips. He holds one of the black, spherical objects that officials described as a pyrotechnic shell used to rig his apartment for an explosion. Protruding from top is a red and white-striped fuse, and it appears that Holmes is blowing it out as if it were a candle.

Another photo shows Holmes' bed. On it is a tactical vest, .223 caliber magazines, pistol magazines, a gas mask, a Glock in a holster, a ballistic helmet, jacket and pants, an assault rifle, a shotgun, a bag that could be used to carry magazines and a carry-all bag.


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