James Holmes Defense: Was He Insane?

Jan 3, 2013 5:30pm

James Holmes appears in court, Centennial, Colo., July 23, 2012. RJ Sangosti/AP Images.

ABC’s Clayton Sandell and Carol McKinley report:

A judge ruled Thursday that public defenders for accused Colorado theater shooting suspect James Holmes can call two unidentified witnesses at next week’s preliminary hearing to testify about the defendant’s “mental state.”

Arapahoe County, Colo. prosecutors had sought to keep the witnesses out of court, but Judge William Sylvester ruled that the now-25-year-old accused killer has a right to call the witnesses at a preliminary hearing.

The Jan. 7 preliminary hearing will essentially be a mini-trial in which prosecutors will present witness testimony and evidence to convince the judge that there is enough of a case against Holmes to proceed to a trial.

Witnesses to be called for the prosecution include the Aurora police lead detective, first responders, the Arapahoe County coroner and likely a computer forensic specialist, according to prosecution sources who declined to be identified, citing a gag order in the case.

A top priority, the prosecution sources say, will be showing that Holmes acted with premeditation when he allegedly murdered 12 people and wounded 58 on the night of July 20 during a midnight showing of “The Dark Knight Rises.”

Defense attorneys may pursue a legal strategy to show that Holmes was not in his right mind at the time of the shooting.

Holmes, who has not yet entered a plea, has been repeatedly described in court by his legal team as mentally ill. While a graduate student at the University of Colorado, he was in the care of a psychiatrist.

Prosecutors say they will also present photos, video and 911 calls during the hearing, which is expected to last all week.

It’s not clear what the two witnesses’ relationship is to the shooting, or to Holmes.

Prosecutors, Judge Sylvester’s order says, contend that “neither witness has personal knowledge of the events at the Century Aurora 16 Theater.”

Sylvester said the witnesses are non-expert “lay witnesses” who have so far chosen not to be interviewed by defense investigators but have been cooperating with law enforcement.

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Humble coin toss thrust to heart of multiverse debate

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Al-Jazeera acquires Gore-founded TV group: report

SAN FRANCISCO: Al-Jazeera has acquired Current TV, a struggling cable channel that will give the Qatar-based broadcaster the access to millions of US homes it has long sought, it was confirmed Wednesday.

Terms of the deal for Current, which was founded by US former vice president Al Gore, were not immediately disclosed, but Forbes reported that a possible value of $400 million could net the former politician a tidy $100 million.

The acquisition should also give Al-Jazeera vastly broader visibility in US homes because although Current has been struggling of late it nonetheless is available in 60 million American households, according to its own figures.

"We are proud and pleased that Al-Jazeera, the award-winning international news organization, has bought Current TV," said Gore, the San Francisco-based channel's chairman, and Joel Hyatt, co-founder and CEO, in a statement.

Gore also said Current had proudly offered "thought-provoking commentary" and Emmy and Peabody award-winning programming "to give voice to those who are not typically heard" and "to speak truth to power."

The New York Times reported that Al-Jazeera was expected to create a new channel, "Al-Jazeera America," instead of using its existing English-language vehicle Al-Jazeera English, to capitalize on Current's audience reach.

Hyatt told staff in an email that "Al-Jazeera is planning to invest significantly in building 'Al-Jazeera America,' a network focused on international news for the American audience," the Times report said.

"Al (Gore) and I will both serve on the advisory board of Al-Jazeera America, and we look forward to helping build an important news network," he added, according to the report.

The plan could put the broadcaster financed by the Qatari government into closer competition with CNN and other US news channels, as Al-Jazeera is offered only by a handful of American cable and satellite distributors.

Current Media, founded in 2005, operates Current TV, and reaches households in Britain and the United States. It also operates a youth-focused website Current.com, where users can submit their own content.

The channel has won two Emmy Awards and other honors. It reaches 71 million households worldwide.

But The Times said a sale was considered because of low ratings, with an average of just 42,000 people watching the channel last year.

-AFP/ac

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Hillary Clinton discharged from New York hospital

STORY HIGHLIGHTS

• Clinton is "making good progress on all fronts" and has been discharged


• She has been hospitalized since Sunday after doctors found a blood clot in her head


• Clinton has been on the phone and talking with aides, a spokeswoman says


• The 65-year-old secretary plans to step down once the Senate confirms a successor

(CNN) -- Secretary of State Hillary Clinton was discharged from a New York hospital on Wednesday, three days after she was admitted for treatment of a blood clot in a vein between her skull and brain, the State Department announced.

"Her medical team advised her that she is making good progress on all fronts, and they are confident she will make a full recovery," Clinton spokesman Philippe Reines said in a statement announcing her release.

Clinton walked out of New York Presbyterian Hospital accompanied by her husband, former President Bill Clinton, and daughter, Chelsea, for a brief period earlier Wednesday afternoon. The appearance led to speculation about her release, which was announced a couple hours later.

She had been admitted Sunday, after doctors found the clot during a medical test related to a concussion she suffered in December.

The secretary is being treated with blood thinners to dissolve the clot, which has not resulted in a stroke or any neurological damage. Doctors expect her to make a full recovery.

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Earlier, State Department spokeswoman Victoria Nuland told reporters that Clinton was in communication with aides and there was nothing new on her condition or treatment.

Clinton "has been quite active on the phone with all of us, but she also made some calls on Saturday to a couple of foreign officials," Nuland said.

Those official calls came before the blood clot was disclosed Sunday. The first, to the joint special envoy on Syria, Lakhdar Brahimi, lasted a half hour. The second was to the prime minister of Qatar, who is also the foreign minister.

"She has begun to pick up her regular phone contact with some of her counterparts," Nuland added.

Clinton, 65, has not been publicly seen or heard from in more than three weeks since falling ill with severe stomach flu and a subsequent concussion that occurred when she fainted because of dehydration, officials said.

Questions also have been raised as to why there was almost a day's delay in explaining the precise location of the clot and why she was administered an MRI, which revealed the problem.

Nuland said officials have been "extremely forthcoming" about Clinton's health.

"We will continue to keep you updated as we have new information to share, as we've been doing all along," Nuland said. "I think that was eighth statement in some three weeks so please bear with us."

Asked how Clinton's illness might affect her plans to testify on Capitol Hill about the deadly September terror attack on the U.S. diplomatic mission in Benghazi, Libya. Nuland did not directly say whether Clinton would appear.

"She has said that she is open to going up to the Hill. We are working with them now on their schedule because there's also a question of when they are going to be in and we will let you know when we have something to share," Nuland said.

Clinton, a former first lady, New York senator and presidential candidate, does not plan to stay on for President Barack Obama's second term, but prefers to remain until her replacement is in place.

Some senators have said they would delay confirmation hearings for her proposed successor, Sen. John Kerry, until Clinton has testified on the Libya attack that killed Ambassador Christopher Stevens and three other Americans.

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Hillary Clinton discharged from hospital

WASHINGTONSecretary of State Hillary Clinton was discharged from a New York hospital Wednesday, after spending 72 hours under observation following the discovery of a blood clot in her head, the State Department said.

In a statement, spokesperson Philippe Reines said: "Her medical team advised her that she is making good progress on all fronts, and they are confident she will make a full recovery. She's eager to get back to the office."

Clinton and her family thanked her medical team "for the excellent care she received," Reines said.

Earlier Wednesday, Clinton had been seen in public for the first time in three weeks when she walked out of the Harkness Eye Institute in New York City and into a secure van along with a smiling Bill and Chelsea Clinton and accompanied by a security detail, reports CBS News correspondent Margaret Brennan.

The State Department had said Secretary Clinton was active in speaking with staff and reviewing paperwork while she continued to recover at New York Presbyterian Hospital.

Clinton was admitted to a New York hospital Sunday and was treated with blood thinners to dissolve a clot in the vein behind the right ear. Doctors found the clot during a follow-up exam stemming from a concussion she suffered in early December. She has been hospitalized for around 72 hours, which is a window of time during which it is possible to establish the proper blood thinner dosage that would be required prior to discharge according to doctors.

Clinton's doctors say there was no neurological damage.

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Tax Deal Done - but How Can Obama Sign It?

Jan 2, 2013 6:29pm

AP Photo/Charles Dharapak

Congress officially delivered the bill to avert the fiscal cliff to the White House this afternoon, House Speaker John Boehner’s office told ABC News.

Now the question is when will the President sign it?

The bill, passed late on New Year’s Day, expires tomorrow at 11:59 a.m. when the current session of Congress concludes. If President Obama doesn’t sign it by then, constitutionally the bill is dead.

But this evening, eighteen hours before the deadline, the President is on a golf course in Hawaii.  And the bill is in Washington at the White House.

Administration officials won’t say what they will do despite repeated inquiries from ABC News.

There seem to be two options:  1) An Air Force jet can deliver the bill to Hawaii (better leave quickly!) in time for the President to sign it before 11:59 Eastern Standard Time; or, 2) The White House can use a presidential “auto-pen.”

The simple mechanical device uses a template of the presidential signature to scrawl it on paper if activated by the White House at Obama’s direction.

But would an auto-pen – usually used to sign insignificant correspondence and photographs – pass constitutional muster?  We don’t know.  The question has never been tested by the courts.

A 2005 legal study commissioned by former President George W. Bush determined that use of the autopen is constitutional but acknowledged the possibility that its use could be challenged.  Bush never used the autopen, officials from his administration told ABC.

President Obama is only believed to have used the autopen once to sign a piece of major legislation — the 2011 extension of the Patriot Act — which reached his desk while he was on a diplomatic trip to Europe. Officials invoked national security concerns to justify the move.

Use of the autopen has been controversial.  Conservative groups alleged last summer that Obama used an autopen to sign condolence letters to the families of Navy SEALs killed in a Chinook crash in Afghanistan — a charge the White House disputed flatly as false.

In 2004, then-Secretary of Defense Donald Rumsfeld was criticized for using an autopen to sign condolence letters to the families of fallen troops.

And in 1992 then-Vice President Dan Quayle even got into some hot water over his use of the autopen on official correspondence during an appearance on “This Week with David Brinkley.” More HERE.

ABC News’ Ann Compton and Devin Dwyer contributed reporting.

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In-depth 2012: The best long reads of the year

Read more: "2013 Smart Guide: 10 ideas that will shape the year"

Dig deeper, look closer and think harder – these are the goals of New Scientist's in-depth articles. Each one is perfect for saving in your favourite read-it-later app and curling up in front of a glowing tablet for a good long read.

These are our editors' picks of our best features of the year, and all are prime examples of the amazing breadth of big ideas that were ripe for the tackling in 2012. When you have finished digesting these readable meals, visit our in-depth articles archive if you're hungry for more.

Richard Webb: "You might not have heard of the algorithm that runs the world." I certainly hadn't, or that its mathematical foundations are starting to look a little wobbly. An eye-opening examination of how seemingly abstruse mathematics is in fact deeply embedded in modern life: "The algorithm that runs the world"

Sally Adee: Gastric bypass surgery is the best surgery you're not getting, said Dr Oz on his popular medical advice show in the US. Because of enthusiasm from people like him, this operation has become massively popular – but by whimsically hacking at our stomach, might we might be messing with a system far more complicated than anyone really understands? Samantha Murphy had the surgery and began to realise that losing 45 kilograms could come with some profound neurological trade-offs: "Change your stomach, change your brain"

Michael Le Page: Nowadays most people either haven't heard of the 1970 book The Limits to Growth, or believe – wrongly – that the research it was based on has been discredited. But the main message of Limits is perhaps more relevant than ever – that a delayed response to mounting environmental problems leads to catastrophe further down the line: "Boom and doom: Revisiting prophecies of collapse"

Richard Fisher: This is a simple story about a scientific mystery. Strange rumbles, whistles and blasts have been reported all over the world for centuries. In New York state, they are called "Seneca guns"; in the Italian Apennines they are described as brontidi, which means thunder-like; in Japan they are yan; and along the coast of Belgium they are called mistpouffers – or fog belches. Yet the cause is often unexplained – what on Earth could be behind them? "Mystery booms: The source of a worldwide sonic enigma"

Valerie Jamieson: It's been a sensational year for particle physics, but the Higgs boson isn't the only fascinating particle in town. Meet 11 more particles that change our understanding of the subatomic world: "11 particles for 11 physics puzzles"

David Robson: What is the secret of the legendary "flow state" that seems to mark out genius in everyone from piano virtuosos to tennis champions? With the latest brain stimulation techniques, it may soon be within everyone's reach, and Sally Adee writes with panache as she describes her own use of the technology during a terrifying marksmanship training session. This has everything I want to read in a story – drama, a revolutionary idea and some practical advice for anyone to try at home: "Zap your brain into the zone: Fast track to pure focus"

Graham Lawton: The writer of this article, Christopher Kemp, is a self-confessed lover of marginalia – nooks and crannies of science that are often overlooked. But as this beautifully written story reveals, those nooks and crannies often contain rich and fascinating material. Material, in fact, like ambergris: "Heaven scent: The grey gold from a sperm whale's gut"

Ben Crystall: Many people may remember the wonder material Starlite from an episode of BBC TV's Tomorrow's World – it seemed to have a miraculous ability to withstand fire and heat. So what happened to it? In this feature Richard Fisher uncovers the strange tale of Starlite and its eccentric inventor Maurice Ward, and on the way reveals fascinating details about Ward and his creation. And though Ward is dead, the story may not be over – it now looks like Starlite could get a second chance… "The power of cool: Whatever became of Starlite?"

Clare Wilson: I enjoyed working on this feature the most this year because to me it truly represents the future of medicine. New Scientist often predicts that some new medicine or technology will be available in five years' time. When it comes to using gene therapies or stem cell therapies on babies in the womb – the subject of this feature – the timeline is probably more uncertain, yet I don't see how anyone can doubt that some day it will happen: "Fetal healing: Curing congenital diseases in the womb"

If you would like to reuse any content from New Scientist, either in print or online, please contact the syndication department first for permission. New Scientist does not own rights to photos, but there are a variety of licensing options available for use of articles and graphics we own the copyright to.

All comments should respect the New Scientist House Rules. If you think a particular comment breaks these rules then please use the "Report" link in that comment to report it to us.

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US House to vote to avert fiscal cliff

WASHINGTON: After a day of twisting political drama, the US Congress was Tuesday expected to finally endorse a deal to avert the "fiscal cliff" budget crisis that had threatened to unleash a new recession.

Hours before many major global financial markets make their 2013 debut, the House of Representatives was to vote on a bid to raise taxes on the rich and put off a $109 billion dollar program of spending cuts for two months.

The deal passed the Senate early on Tuesday, but its fate hung in the balance for hours as House conservatives sought to amend it to include big spending cuts, which would likely have killed its chance of passage.

Had the deal splintered, all Americans would have been hit by tax increases and the spending cuts would have kicked in across the government, in a combined $500 billion shock that could have rocked the fragile recovery.

The House was due to vote within hours on an up or down vote on the deal agreed between Senate Republicans and President Barack Obama's White House.

A majority of 217 votes was seen as a certainty given that Obama's Democrats were certain to back the pact along with some of the Republican majority.

The vote will take place after a conservative rebellion fizzled when it became clear there were not sufficient votes in the restive Republican caucus to send an amended version of the bill with spending cuts back to the Senate.

Republican party leaders ultimately feared they would carry the can if the deal collapsed, leaving Americans enraged by higher taxes and the prospect of that an economy still slowly bouncing back from the worst crisis in decades could be plunged back into recession.

"There's a growing sense that, you know... you do have to know when to hold them and when to fold them. We've been beaten in this fight," retiring Ohio Republican Congressman Steve LaTourette told CNN.

Earlier, Boehner's coalition vented fury that the deal negotiated by the White House and top Senate Republicans had not contained significant spending cuts to eat into national debt that is worth more than $16 trillion.

"We have to in some way address spending," Republican congressman Spencer Bachus said.

Another House Republican, Tim Huelskamp, said that the powerful number two Republican in the chamber Eric Cantor told a high-stakes meeting of the party caucus that he was opposed to the bill.

"The principal reason is there are no spending cuts," said Huelskamp.

At the turn of the year, every American became liable to a tax hike with the expiry of rate cuts first passed under former president George W. Bush.

The deal to avert the fiscal cliff agreed on Monday raised income taxes only on households earning $450,000 a year and exempted anyone else.

It put off the spending cuts -- known as the sequester -- for two months, setting up another bitter political cliffhanger at the end of February.

If the legislation does pass the House unamended, it will represent a win for Obama as it raises taxes on the richest Americans in line with a re-election campaign promise -- albeit above an income threshold higher than he and other Democrats had wanted.

Obama issued a statement shortly after the 2:00 am (0700 GMT) Senate vote, urging House lawmakers to pass the bill "without delay."

The White House said the tax agreement was "a victory for middle-class families and the economy," and laid out the raft of measures contained in the legislation.

"For the first time in 20 years, Congress will have acted on a bipartisan basis to vote for significant new revenue," it said.

The deal also includes an end to a temporary two percent cut to payroll taxes for Social Security retirement savings -- meaning all Americans will pay a little more -- and changes to inheritance and investment taxes.

-AFP/ac

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What GOP hates in fiscal deal

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61 killed in post-celebration stampede in Ivory Coast

ABIDJAN, Ivory CoastA crowd stampeded after leaving a New Year's fireworks show early Tuesday in Ivory Coast's main city, killing 61 people — many of them children and teenagers — and injuring more than 200, rescue workers said.

Thousands had gathered at the Felix Houphouet Boigny Stadium in Abidjan's Plateau district to see the fireworks. It was only the second New Year's Eve fireworks display since peace returned to this West African nation after a bloody upheaval over presidential elections put the nation on the brink of civil war and turned this city into a battle zone.

With 2013 showing greater promise, people were in the mood to celebrate on New Year's Eve. Families brought children and they watched the rockets burst in the nighttime sky. But only an hour into the new year, as the crowds poured onto the Boulevard de la Republic after the show, something caused a stampede, said Col. Issa Sako of the fire department rescue team. How so many deaths occurred on the broad boulevard and how the tragedy started is likely to be the subject of an investigation.

Many of the younger ones in the crowd went down, trampled underfoot. Most of those killed were between 8 and 15 years old

"The flood of people leaving the stadium became a stampede which led to the deaths of more than 60 and injured more than 200," Sako told Ivory Coast state TV.

Desperate parents went to the city morgue, the hospital and to the stadium to try to find missing children. Mamadou Sanogo was searching for his 9-year-old son, Sayed.

"I have just seen all the bodies, but I cannot find my son," said a tearful Sanogo. "I don't know what to do."

State TV showed a woman sobbing in the back of an ambulance; another was bent over on the side of the street, apparently in pain; and another, barely conscious and wearing only a bra on her upper body, was hoisted by rescuers. There were also scenes of small children being treated in a hospital. One boy grimaced in pain and a girl with colored braids in her hair lay under a blanket with one hand bandaged. The death toll could rise, officials said.

After the sun came up, soldiers were patrolling the site that was littered with victims' clothes, shoes, torn sandals and other belongings. President Alassane Ouattara and his wife Dominique visited some of the injured in the hospital. Mrs. Ouattara leaned over one child who was on a bed in a crowded hospital ward and tried to console the youngster. The president pledged that the government would pay for their treatment, his office said.

The government organized the fireworks to celebrate Ivory Coast's peace, after several months of political violence in early 2011 following disputed elections.

This is not Ivory Coast's first stadium tragedy. In 2009, 22 people died and over 130 were injured in a stampede at a World Cup qualifying match at the Houphouet Boigny Stadium, prompting FIFA, soccer's global governing body, to impose a fine of tens of thousands of dollars on Ivory Coast's soccer federation. The stadium, which officially holds 35,000, was overcrowded at the time of the disaster.

A year later, two people were killed and 30 wounded in a stampede at a municipal stadium during a reggae concert in Bouake, the country's second-largest city. The concert was organized in the city, held by rebels at the time, to promote peace and reconciliation.

Ivory Coast is the world's largest cocoa producer, growing more than 37 percent of the world's annual crop of cocoa beans, which are used to make chocolate.

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