Judge: Holmes Can Face Trial for Aurora Shooting

Jan 10, 2013 8:45pm

(Arapahoe County Sheriff/AP Photo)

In a ruling that comes as little surprise, the judge overseeing the Aurora, Colo., theater massacre has ordered that there is enough evidence against James Holmes to proceed to a trial.

In an order posted late Thursday, Judge William Sylvester wrote that “the People have carried their burden of proof and have established that there is probable cause to believe that Defendant committed the crimes charged.”

The ruling came after a three-day preliminary hearing this week that revealed new details about how Holmes allegedly planned for and carried out the movie theater shooting, including how investigators say he amassed an arsenal of guns and ammunition, how he booby-trapped his apartment to explode, and his bizarre behavior after his arrest.

PHOTOS: Colorado ‘Dark Knight Rises’ Theater Shooting

Holmes is charged with 166 counts, including murder, attempted murder and other charges related to the July 20 shooting that left 12 people dead and 58 wounded by gunfire. An additional 12 people suffered non-gunshot injuries.

One of the next legal steps is an arraignment, at which Holmes will enter a plea. The arraignment was originally expected to take place Friday morning.

Judge Sylvester indicated through a court spokesman that he would allow television and still cameras into the courtroom, providing the outside world the first images of Holmes since a July 23 hearing. Plans for cameras in court, however, were put on hold Thursday afternoon.

“The defense has notified the district attorney that it is not prepared to proceed to arraignment in this case by Friday,” wrote public defenders Daniel King, Tamara Brady and Kristen Nelson Thursday afternoon in a document objecting to cameras in court.

A hearing in the case will still take place Friday morning. In his order, Judge Sylvester said it should technically be considered an arraignment, but noted the defense has requested a continuance.  Legal experts expect the judge will grant the continuance, delaying the arraignment and keeping cameras out of court for now.

Sylvester also ordered that Holmes be held without bail.

Holmes’ attorneys have said in court that the former University of Colorado neuroscience student is mentally ill. The district attorney overseeing the case has not yet announced whether Holmes, now 25, can face the death penalty.

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String of bombings kill 101, injure 200 in Pakistan

QUETTA, Pakistan (Reuters) - At least 101 people were killed in bombings in two Pakistani cities on Thursday in one of the country's bloodiest days in recent years, officials said, with most casualties caused by sectarian attacks in Quetta.

The bombings underscored the myriad threats Pakistani security forces face from homegrown Sunni extremist groups, the Taliban insurgency in the northwest and the less well-known Baloch insurgency in the southwest.

On Thursday evening, two coordinated explosions killed at least 69 people and injured more than 100 in Quetta, the provincial capital of Balochistan, said Deputy Inspector of Police Hamid Shakil.

The first attack, in a crowded snooker hall, was a suicide bombing, local residents said. About ten minutes later, a car bomb exploded, they said. Five policemen and a cameraman were among the dead from that blast.

The attacks happened in a predominately Shia neighborhood and banned sectarian group Lashkar-e-Jhangvi claimed responsibility. The extremist Sunni group targets Shias, who make up about 20 percent of Pakistani's population.

Targeted killings and bombings of Shia communities are common in Pakistan, and rights groups say hundreds of Shia were killed last year. Militant groups in Balochistan frequently bomb or shoot Shia passengers on buses travelling to neighboring Iran.

The killers are rarely caught and some Shia activists say militants work alongside elements of Pakistan's security forces, who see them as a potential bulwark against neighboring India.

Many Pakistanis fear their nation could become the site of a regional power struggle between Saudi Arabia, source of funding for Sunni extremist groups, and Iran, which is largely Shia.

But sectarian tensions are not the only source of violence.

The United Baloch Army claimed responsibility for a blast in Quetta's market earlier in the day. It killed 11 people and injured more than 40, mostly vegetable sellers and secondhand clothes dealers, police officer Zubair Mehmood said. A child was also killed.

The group is one of several fighting for independence for Balochistan, an arid, impoverished region with substantial gas, copper and gold reserves, which constitutes just under half of Pakistan's territory and is home to about 8 million of the country's population of 180 million.

SWAT BOMBING

In another incident Thursday, 21 were killed and more than 60 injured in a bombing when people gathered to hear a religious leader speak in Mingora, the largest city in the northwestern province of Swat, police and officials at the Saidu Sharif hospital said.

"The death toll may rise as some of the injured are in critical condition and we are receiving more and more injured people," said Dr. Niaz Mohammad.

It has been more than two years since a militant attack has claimed that many lives in Swat.

The mountainous region, formerly a tourist destination, has been administered by the Pakistani army since their 2009 offensive drove out Taliban militants who had taken control.

But Talibans retain the ability to attack in Swat and shot schoolgirl campaigner Malala Yousufzai in Mingora last October.

A Taliban spokesman said they were not responsible for Thursday's bombing.

(Additional reporting by Jibran Ahmad in Peshawar, Pakistan; Writing by Katharine Houreld; Editing by Mark Heinrich and Jason Webb)

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Google's Schmidt urges North Korea Internet freedom

BEIJING: Google chairman Eric Schmidt told North Korean officials their country would never develop unless it embraced Internet freedom, he said on Thursday as he returned from a visit to Pyongyang.

Former US ambassador to the United Nations Bill Richardson, who led the trip, urged North Korea to adopt a moratorium on ballistic missiles and nuclear tests following the communist state's widely criticised rocket launch last month.

Schmidt said he told North Korean officials they should open up the country's Internet "or they will remain behind".

"As the world becomes increasingly connected, their decision to be virtually isolated is very much going to affect their physical world, their economic growth and so forth, and it will make it harder for them to catch up economically," he said.

"Once the Internet starts, citizens in a country can certainly build on top of it. The government has to do something. It has to make it possible for people to use the Internet which the government in North Korea has not yet done."

Richardson, also a former governor of New Mexico, said: "We strongly urged the North Koreans to proceed with a moratorium on ballistic missiles and possible nuclear test."

The pair told reporters at Beijing airport that they did not meet North Korean leader Kim Jong-Un on the trip, or US citizen Kenneth Bae.

Bae was arrested in November after entering the country as a tourist, according to the North's official news agency, which said he had admitted committing a crime against the state.

- AFP/al

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Some sort of goondaism going on in West Bengal, says governor

KOLKATA: West Bengal Governor M K Narayanan on Wednesday virtually rapped the Mamata Banerjee-led government over the clashes between CPM and Trinamool Congress workers, saying it was akin to "some sort of goondaism" which was "not acceptable".

He asked the police and the administration to function impartially in arresting the guilty.

"This is not a good political culture. I think some sort of goondaism is going on here," Narayanan told mediapersons on the sidelines of a programme here.

"The last two-three days have been very disturbing and distressing. This violence should not have taken place. We should not tolerate the violence that is taking place. This is not acceptable," Narayanan said.

"It is the duty of the administration and the police to take action against those who are responsible. There is clear evidence against the guilty. The police and the administration have to be impartial," the governor said when reporters sought his reaction on the issue.

Trouble flared up in Bhangar in South 24 Parganas district late last week after one party office each of the Communist Party of India-Marxist (CPM) and Trinamool Congress were damaged and set afire respectively.

When CPM legislator Abdur Rezzak Mollah went to the area, he was attacked by allegedly Trinamool workers, led by former lawmaker Arabul Islam.

Mollah has been admitted to a hospital.

Then Tuesday, many people were injured in firing and stone pelting in clashes between Trinamool Congress and CPM workers in Bamanghata in Bhangar.

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Retooling Pap test to spot more kinds of cancer

WASHINGTON (AP) — For years, doctors have lamented that there's no Pap test for deadly ovarian cancer. Wednesday, scientists reported encouraging signs that one day, there might be.

Researchers are trying to retool the Pap, a test for cervical cancer that millions of women get, so that it could spot early signs of other gynecologic cancers, too.

How? It turns out that cells can flake off of tumors in the ovaries or the lining of the uterus, and float down to rest in the cervix, where Pap tests are performed. These cells are too rare to recognize under the microscope. But researchers from Johns Hopkins University used some sophisticated DNA testing on the Pap samples to uncover the evidence — gene mutations that show cancer is present.

In a pilot study, they analyzed Pap smears from 46 women who already were diagnosed with either ovarian or endometrial cancer. The new technique found all the endometrial cancers and 41 percent of the ovarian tumors, the team reported Wednesday in the journal Science Translational Medicine.

This is very early-stage research, and women shouldn't expect any change in their routine Paps. It will take years of additional testing to prove if the so-called PapGene technique really could work as a screening tool, used to spot cancer in women who thought they were healthy.

"Now the hard work begins," said Hopkins oncologist Dr. Luis Diaz, whose team is collecting hundreds of additional Pap samples for more study and is exploring ways to enhance the detection of ovarian cancer.

But if it ultimately pans out, "the neat part about this is, the patient won't feel anything different," and the Pap wouldn't be performed differently, Diaz added. The extra work would come in a lab.

The gene-based technique marks a new approach toward cancer screening, and specialists are watching closely.

"This is very encouraging, and it shows great potential," said American Cancer Society genetics expert Michael Melner.

"We are a long way from being able to see any impact on our patients," cautioned Dr. Shannon Westin of the University of Texas MD Anderson Cancer Center. She reviewed the research in an accompanying editorial, and said the ovarian cancer detection would need improvement if the test is to work.

But she noted that ovarian cancer has poor survival rates because it's rarely caught early. "If this screening test could identify ovarian cancer at an early stage, there would be a profound impact on patient outcomes and mortality," Westin said.

More than 22,000 U.S. women are diagnosed with ovarian cancer each year, and more than 15,000 die. Symptoms such as pain and bloating seldom are obvious until the cancer is more advanced, and numerous attempts at screening tests have failed.

Endometrial cancer affects about 47,000 women a year, and kills about 8,000. There is no screening test for it either, but most women are diagnosed early because of postmenopausal bleeding.

The Hopkins research piggybacks on one of the most successful cancer screening tools, the Pap, and a newer technology used along with it. With a standard Pap, a little brush scrapes off cells from the cervix, which are stored in a vial to examine for signs of cervical cancer. Today, many women's Paps undergo an additional DNA-based test to see if they harbor the HPV virus, which can spur cervical cancer.

So the Hopkins team, funded largely by cancer advocacy groups, decided to look for DNA evidence of other gynecologic tumors. It developed a method to rapidly screen the Pap samples for those mutations using standard genetics equipment that Diaz said wouldn't add much to the cost of a Pap-plus-HPV test. He said the technique could detect both early-stage and more advanced tumors. Importantly, tests of Paps from 14 healthy women turned up no false alarms.

The endometrial cancers may have been easier to find because cells from those tumors don't have as far to travel as ovarian cancer cells, Diaz said. Researchers will study whether inserting the Pap brush deeper, testing during different times of the menstrual cycle, or other factors might improve detection of ovarian cancer.

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Holmes 'Delighted' by Creepy Self-Portraits: Victims

After two days of apparent indifference, accused Aurora shooter James Holmessmiled and smirked at disturbing self-portraits and images of weapons shown in court today, according to the families of victims who watched him.

"When he sees himself, he gets very excited and his eyes crinkle," Caren Teves said outside of the courthouse, after the hearing. "Your eyes are the window to the soul and you could see that he was very delighted in seeing himself in that manner."

Teves' son Alex Teves, 24, died in the shooting.

Prosecutors showed photos that Holmes took of himself hours before he allegedly carried out a massacre at a Colorado movie theater. He took a series of menacing self-portraits with his dyed orange hair curling out of from under a black skull cap and his eyes covered with black contacts. In some of the photos, guns were visible.

Those haunting photographs, found on his iPhone, were shown in court today on the last day of a preliminary testimony that will lead to a decision on whether the case will go to trial. The hearing concluded without Holmes' defense calling any witnesses.

The judge's decision on whether the case will proceed to trial is expected on Friday.

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Holmes, 25, is accused of opening fire on a crowded movie theater in Aurora, Colo., on July 20, 2012, killing 12 people and wounding dozens others during a showing of "Dark Knight Rises."

The court room's set-up kept members of the media from being able to see Holmes' face as the photos were displayed, but victims and their families could watch him.

Teves said that Holmes was "absolutely smirking" when images of his weapons and the iPhone photos he took of himself were shown in court.

"I watched him intently," Caren Teves' husband Tom Teves said. "I watched him smile every time a weapon was discussed, every time they talked about his apartment and how he had it set up (with booby traps), and he could have gave a darn about the people, to be quite frank. But he's not crazy one bit. He's very, very cold. He's very, very calculated."

Holmes' has exhibited bizarre behavior after the shooting and while in custody. His defense team has said that he is mentally ill, but have not said if he will plead insanity.

"He has a brain set that no one here can understand and we want to call him crazy because we want to make that feel better in our society, but we have to accept the fact that there are evil people in our society that enjoy killing any type of living thing," a frustrated Tom Teves said. "That doesn't make them crazy. And don't pretend he's crazy. He's not crazy."

The photos presented in court showed Holmes mugging for his iPhone camera just hours before the shooting.

Click here for full coverage of the Aurora movie theater shooting.

Half-a-dozen photos showed Holmes with his clownish red-orange hair and black contact lenses giving the photos a particularly disturbing edge.

In one particularly odd image, he was making a scowling face with his tongue out. He was whistling in another photo. Holmes is smiling in his black contacts and flaming hair in yet another with the muzzle of one of his Glock pistols in the forefront.

Yet another photo showed him dressed in black tactical gear, posing with an AR-15 rifle.

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Analysis: Modi's Gujarat growth model might not work across India

SURAT, India (Reuters) - Turning a single Indian state with a long tradition of entrepreneurship and a solid political majority into an investor-friendly economic powerhouse is one thing.

Replicating that experience across a diverse country of 1.2 billion would be a tougher prospect for Narendra Modi, whose leadership of booming Gujarat state has led to his being touted as a potential candidate to become India's next prime minister.

While Modi wins praise even from critics for cutting red tape and making government more responsive and predictable, many ingredients for Gujarat's run of growth were in place well before he took office in 2001.

"It is like an icing on cake sort of thing. You have a nice cake and Modi has done a lot of good icing," said Rakesh Chaudhary, director of Pratibha Group, a textile manufacturer in Palsana on the outskirts of the Gujarat city of Surat.

Industry in Gujarat is helped by a long coastline and plenty of barren land that is easy to turn over to factory use.

The power that comes from a long-standing and heavy majority for his Bharatiya Janata Party (BJP) in the state also gives Modi an advantage that he would not enjoy on a national stage marked by fractious coalition politics.

Despite a controversial past - Modi is accused by critics of not doing enough to stop or of even quietly encouraging religious riots in 2002 that saw as many as 2,000 killed, most of them Muslims - he has established a reputation as an economic reformer in part by building on the strengths of Gujarat and marketing them heavily.

Modi's marketing savvy, aided by the Washington lobbying and public affairs firm APCO Worldwide, will be on display at the biennial "Vibrant Gujarat Summit" that begins on Friday.

Initiated by Modi in 2003 to attract investment after the violence and an earthquake in 2001, the event is attended by thousands of corporate officials who pledge billions in investment, although in reality only a fraction has seen the light of day. Of 12.4 trillion rupees ($225 billion) in investment proposed at the 2009 event, just 8.5 percent had been spent as of November 2011, according to state government data.

"Under Modi's regime, there has been significant improvement in infrastructure growth, significant improvement in industrialization, as well as agriculture," said Jahangir Aziz, senior Asia economist at JPMorgan. "But what has been overplayed is initial conditions were actually pretty decent in Gujarat."

HIGHER OFFICE?

The stocky Modi, who favors traditional Indian attire and a clipped white beard, plays down any prime ministerial ambitions.

But his popularity in Gujarat - the BJP won 115 of the state assembly's 182 seats in a December election - has fuelled speculation that he could lead his Hindu nationalist party in 2014 against India's ruling Congress party, which has been beset by corruption scandals and overseen a sharp economic slowdown.

"His economic record in Gujarat is obviously something which matters a lot to the middle classes. That, coupled with strong leadership," said Swapan Dasgupta, an analyst with links to the BJP who expects Modi to be the party standard-bearer in 2014.

Critics say that while Modi has indeed encouraged investment and helped bring reliable electricity and law and order, double-digit growth has not been shared broadly enough. In the five years through March 2010, some states - including Tamil Nadu and Karnataka - did better at bringing down poverty levels.

"Big business people get a lot from the government and scheduled caste people (minorities) get a lot, but people like us who are in between get nothing," said Bhupendra Thakkar, 50, who earns 6,000 rupees ($109) a month selling fruit near Surat's decrepit railway station.

FRIEND OF BUSINESS

Modi lured Tata Motors to the state in 2008 after the company's plans to build a factory for its low-cost Nano car were thwarted by farmers in West Bengal.

Ford Motor Co and Maruti Suzuki are also building plants in the western state - high profile investments that carry the added benefit of acting as marketing tools.

In the seven years through March 2011, Gujarat's economy grew an annual 10.08 percent at constant prices, against 6.45 percent in the eight years through March 2002 (Modi took office in October 2001), which was still ahead of the all-India average of 6.16 percent. A handful of states, including Maharashtra and Tamil Nadu, clocked bigger gains over the same recent period.

By comparison, policy gridlock at the national level has contributed to a drop-off in corporate investment, putting India on track to record its slowest annual growth rate in a decade.

Accustomed to getting his way, Modi, 62, could struggle to negotiate the coalition politics that have become the norm at the national level and have hindered attempts at reform by Prime Minister Manmohan Singh's Congress-led administration.

"Policymaking has benefited from the fact that the BJP has had absolute majority in the state legislature - an advantage it certainly will not enjoy in the federal parliament," said Anjalika Bardalai, an analyst with the Eurasia Group in London.

Modi has also been able to leverage the business acumen of Gujaratis, a group that has long been known for trading and entrepreneurship and includes a prosperous global diaspora as well as billionaires such as Adani Group chief Gautam Adani and Mukesh Ambani, who controls Reliance Industries, India's most valuable company.

"Modi might not be as successful as he has been here because the business mentality is unique to Gujarat," said Chandrakant Sanghavi, chairman of Sanghavi Exports International, a diamond trader and processor. "It could be prevalent in other states but the ratio may be less." ($1 = 55.0700 Indian rupees)

(Editing by John Chalmers and Alex Richardson)

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China economy to overtake US by 2019: state research

BEIJING: China will overtake the United States economically within six years, an official research institute predicts, and go on to become the world's most important country in three decades more, state media said Wednesday.

The findings came from the Nation's Health Report issued by the Chinese Academy of Sciences, the Global Times said, without giving details of the criteria used for the prediction.

China's economy would be larger than that of the US by 2019, it cited the document as saying, and China's "international status" would exceed that of the US by 2049, the 100th anniversary of the founding of the People's Republic.

"National health" was defined as a country's "overall conditions... using resource sufficiency and wealth distribution as the major criteria", the Global Times said, but did not go into specifics.

China ranked as the 11th "healthiest" country out of some 100 nations, it said, just behind Costa Rica, with Sweden in top position.

The official Xinhua news agency said China was given a national health status of "up to standard", though the US, Japan and Britain were deemed "health deficient".

The report could not immediately be independently obtained from the Chinese Academy of Sciences.

China's stunning economic growth rates, increases in military spending and overlapping security interests in the Asia-Pacific region with the US have sparked concerns the countries could find themselves increasingly at odds in coming decades as they jockey for global influence.

But the Global Times, which has close ties to China's ruling Communist Party, said the document's findings were seen by some as overly nationalistic.

"The report is indicative of an anti-US sentiment in Chinese society," Fang Zhouzi, described as a prominent whistleblower on academic fraud, told the paper.

"It casts the US as a potential threat and links the goals of China's national revival to surpassing the US," he added.

Decades of economic reform and openness to foreign investment have propelled China from a poor, overwhelmingly agricultural country to become the world's second-largest economy behind the US.

International analysts widely expect China's economy, given its high growth rates, to overtake the US in terms of gross domestic product, or total size, sometime in the first half of this century, though differ on exact timing and criteria.

But they also see the US as likely to remain wealthier on a per capita basis given China's huge population of 1.3 billion, with that of the US currently at about 315 million.

-AFP/fl

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BJP condemns killing of Indian soldiers by Pak Army

NEW DELHI: Condemning the brutal killing of two Indian soldiers by the Pakistan Army, BJP today said it was a "warning" to India and asked the government to place all facts before the international community so that Islamabad can be "named and shamed" before the world at large.

BJP leader Arun Jaitley also asked the government to "clearly define the dos and don'ts" in relations with the neighbouring nation.

He said the brutal nature of the killing of two Indian soldiers by Pakistanis shows the "real design behind this attack."

"As far as this unprovoked attack is concerned, it is now incumbent on the Government of India, since Pakistan still continues to give denial, to collect the entire evidence including the identity of those Pakistani Army officials and the groups guarding particular area who are responsible for this assault, place all these facts before the international community so that Pakistan can be named and shamed before the world at large for this brutal attack," Jaitley said.

"This attack is also warning to India. A warning that in dealing with Pakistan is now extremely important that Government of India clearly define the red lines. It has to be very firm, very cautious and very clear in how to deal with Pakistan," he told reporters here.

Government "must clearly define the dos and don'ts particularly the red lines," he said.

In a "provocative" attack yesterday, Pakistani regular soldiers crossed into Indian territory in Poonch sector of Jammu and Kashmir and ambushed an Indian patrol killing two soldiers, one of whom was decapitated.

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Report: Death rates from cancer still inching down

WASHINGTON (AP) — Death rates from cancer are continuing to inch down, researchers reported Monday.

Now the question is how to hold onto those gains, and do even better, even as the population gets older and fatter, both risks for developing cancer.

"There has been clear progress," said Dr. Otis Brawley of the American Cancer Society, which compiled the annual cancer report with government and cancer advocacy groups.

But bad diets, lack of physical activity and obesity together wield "incredible forces against this decline in mortality," Brawley said. He warned that over the next decade, that trio could surpass tobacco as the leading cause of cancer in the U.S.

Overall, deaths from cancer began slowly dropping in the 1990s, and Monday's report shows the trend holding. Among men, cancer death rates dropped by 1.8 percent a year between 2000 and 2009, and by 1.4 percent a year among women. The drops are thanks mostly to gains against some of the leading types — lung, colorectal, breast and prostate cancers — because of treatment advances and better screening.

The news isn't all good. Deaths still are rising for certain cancer types including liver, pancreatic and, among men, melanoma, the most serious kind of skin cancer.

Preventing cancer is better than treating it, but when it comes to new cases of cancer, the picture is more complicated.

Cancer incidence is dropping slightly among men, by just over half a percent a year, said the report published by the Journal of the National Cancer Institute. Prostate, lung and colorectal cancers all saw declines.

But for women, earlier drops have leveled off, the report found. That may be due in part to breast cancer. There were decreases in new breast cancer cases about a decade ago, as many women quit using hormone therapy after menopause. Since then, overall breast cancer incidence has plateaued, and rates have increased among black women.

Another problem area: Oral and anal cancers caused by HPV, the sexually transmitted human papillomavirus, are on the rise among both genders. HPV is better known for causing cervical cancer, and a protective vaccine is available. Government figures show just 32 percent of teen girls have received all three doses, fewer than in Canada, Britain and Australia. The vaccine was recommended for U.S. boys about a year ago.

Among children, overall cancer death rates are dropping by 1.8 percent a year, but incidence is continuing to increase by just over half a percent a year. Brawley said it's not clear why.

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