Theater shooting case: Prosecutors' document contains summary of evidence for penalty phase

AURORA, Colo. - A motion filed Friday by prosecutors in the movie theater shooting case lists 74 kinds of evidence that may be presented during the penalty phase of James Holmes' trial.

Interestingly, the prosecution's list includes the package Holmes sent to Dr. Lynne Fenton and the notebook it contained, if the court rules that admissible.

The long list of evidentiary categories is included in a document that also lists five "statutory aggravating factors" in the case. Those factors are the points the prosecution plans to show if Holmes is found guilty by a jury and the case reaches the penalty phase.

The penalty phase would be required because the prosecution declared on April 1 they would seek the death penalty.

Holmes, a 25-year-old former University of Colorado graduate student in neuroscience, is charged with 166 counts in the July 20 massacre. The shooting, which occurred during a showing of the "The Dark Knight Rises," left 12 moviegoers dead and injured 70 people.

The prosecution's motion also alludes to a submitted list of witnesses for the prosecution, but the list was not posted publicly.


The five aggravating factors listed in the prosecution's document:

- "The defendant unlawfully and intentionally, knowingly or with universal malice manifesting extreme indifference to the value of human life generally, killed two or more persons during the commission of the same criminal episode."

- "The defendant intentionally killed a child who has not yet attained twelve years of age."

- "In the commission of the offense of murder in the first degree, the defendant knowingly created a grave risk of death to another person in addition to the victim of the offense."

- "The defendant committed the offense of murder in the first degree in an especially heinous, cruel or depraved manner."

- "The defendant committed the offense of murder in the first degree while lying in wait or from ambush.


A summary of the exhibits outlined in the prosecution's document:

- "Any evidence of any kind that is admitted during the guilt phase of the trial"

- A list of 25 kinds of items found in the theater, including clothing, ammunition, firearms and furniture

- Clothing, possessions or bullets recovered from any victims

- Sixteen kinds of items found in Holmes' apartment, including computers, papers, bomb-making materials and chemicals

- "Any other item collected" by a list of law enforcement agencies

- Holmes' correspondence or writings

- A list of photo, video or audio recordings from ten kinds of sources

- Maps, diagrams or other visual representations of the theater or Holmes' apartment

- Photographs of Holmes

- Photographs or data of five kinds stored on Holmes' electronic devices

- Holmes' online dating profiles

- Video or photographs of Holmes while he is incarcerated

- Photographs of the victims or witnesses

- The contents of the package Holmes sent to Dr. Lynne Fenton, if ruled admissible by the court

- Charts and summaries of Holmes' actions

- Records of Holmes' applications to graduate schools

- 911 calls relating to the noise complaints at his apartment

- Cell site data from the defendant's phone

- Receipts related to Holmes' movie ticket purchases

-Spent shell casings and other evidence from the Byers Canyon Rifle Range

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