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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Bibles used by King, Lincoln to be part of Obama’s second inauguration

Martin Luther King Jr. carried a black leather King James Bible on his journeys as a young pastor starting out in Montgomery, Ala. He turned to this “traveling Bible” for inspiration, his family says, as he fought for freedom and equality.

President Obama will put his hand over King’s well-worn Bible at his public swearing-in at the U.S. Capitol on Jan. 21, the holiday celebrating the birthday of the slain civil rights leader. King’s Bible will be stacked with the burgundy velvet and gilded Bible used by President Abraham Lincoln at his first inauguration.

Obama chose the Lincoln Bible for his inauguration in 2009, making him the first president to do so since it was initially used in 1861. President Harry S. Truman also used two Bibles, as did Dwight D. Eisenhower and Richard M. Nixon.

The announcement about the Bibles, to be made publicly Thursday, is part of the slow unspooling of inaugural details that fascinates lovers of ceremonial Americana.

Presidential inaugurations have become more filled with rites, and such decisions are especially weighty now at a time when the White House is aware that Americans are struggling to come together.

King’s family said in a statement that he would be “deeply moved” to see Obama use the traveling Bible on Martin Luther King Jr. Day, “and we hope it can be a source of strength for the President as he begins his second term.”

“With the Inauguration less than two weeks away, we join Americans across the country in embracing this opportunity to celebrate how far we have come, honor the legacy of Martin Luther King Jr. through service, and rededicate ourselves to the work ahead,” the statement added.

According to the Presidential Inaugural Committee, which organizes the swearing-in ceremony, King traveled with various books, including this Bible. “It was used for inspiration and preparing sermons and speeches, including during Dr. King’s time as pastor of Dexter Avenue Baptist Church” in Montgomery, the committee said in a statement.

Obama and Vice President Biden will be sworn in privately on Sunday, Jan. 20 — the date required by the Constitution. For that first ceremony, Obama will use the family Bible of his wife’s family. According to the inaugural committee, that Bible “was a gift from the First Lady’s father, Fraser Robinson III, to his mother, LaVaughn Delores Robinson, on Mother’s Day in 1958. Mrs. Robinson was the first African-American woman manager of a Moody Bible Institute’s bookstore.” That Bible was the only one Michelle Obama’s grandmother used after that, a committee statement said.

For both the private and then the Monday public ceremonies, Biden will be sworn in with a Bible that has been in his family since 1893: a five-inch-thick volume with a Celtic cross on the cover. He also used it for his swearings-in as a U.S. senator and in 2009 as vice president.

Some aspects of the inaugural ceremony have changed slightly over the decades. Having official prayers offered dates only to the 1930s, historians say. But presidents have used Bibles to be sworn in since George Washington, even though the Constitution does not require it. The Constitution also does not require the phrase “So help me God” at the end, but that has become standard, said Donald Ritchie, the historian of the U.S. Senate.

He also noted that the image of the president’s spouse holding the Bible dates only to Lady Bird Johnson doing so in 1965.

Chief justices of the Supreme Court now traditionally deliver the oath, but Ritchie said any federal official can do so.

Several non-Christian members of Congress have recently used other scriptures, including Rep. Keith Ellison, the first Muslim elected to Congress, in 2007. The Minnesota Democrat used a Koran owned by Thomas Jefferson.

Obama veered from tradition in one key aspect of the ceremony: He invited Myrlie Evers-Williams, widow of slain civil rights figure Medgar Evers, to deliver the invocation prayer. It will be the first time a woman, and a layperson rather than clergy, has done so.

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Developer of project in Sembawang to fix cracks in houses nearby

SINGAPORE: The developer of a project in Sembawang will fix the cracks and damage to 22 houses nearby.

The developer is doing this after complaints of cracked walls, sunken driveways and leaking roofs surfaced in April last year from residents around Jalan Legundi.

The affected residents linked these to the construction of a three-storey mixed development nearby.

Their Member of Parliament (Nee Soon GRC), Mr K Shanmugam, visited some of the houses in December last year, along with officers from the Building and Construction Authority (BCA) and grassroots leaders.

He asked the developer to repair the more serious damage before Lunar New Year and fix the rest after that.

In a Facebook post following a meeting on January 9 with the developer and his professional advisors, as well as the BCA and Neighbourhood Committee, Mr Shanmugam said the developer will carry out the repair work in two stages.

It will start with temporary works and then move on to permanent repair works.

Mr Shanmugam, who is also the Law and Foreign Affairs Minister, said some residents want the temporary works to be done before the Lunar New Year.

The contractor has agreed to do so.

Other residents asked for repair works to be done after the Lunar New Year.

The BCA told Channel NewsAsia that 22 of the 35 houses in the area are affected.

It has instructed the Professional Engineer of the construction project to inspect the affected units and submit an assessment report.

- CNA/fa

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Muslim panchayat bans use of cellphones by girls

JAIPUR: After the khaps in Haryana and Uttar Pradesh, a Muslim community panchayat in Rajasthan on Thursday banned girls from using cellphones and also from dancing and singing at weddings, ostensibly in an effort to prevent incidents like Delhi gang rape.

Boys and girls have also been prohibited from marrying someone against the wish of their family members or someone from a different community, panchayat members said on Thursday.

The restrictions have been imposed on the Muslim community members at Salumbar town in Udaipur district, some 400 km from Jaipur, by the Anjuman Muslim Panchayat, a minority community council.

"We have decided to ban the girls from carrying and using cellphones. The decision was taken with a view that cellphones are spoiling girls," panchayat secretary Habibur Rahman told reporters.

He said that a slew of measures has been taken to ensure safety of girls belonging to the community in the area.

"The girls would not be allowed to dance and sing during wedding functions. A couple cannot get married against the wishes of their family members," said the panchayat secretary.

He added that punitive action will be taken against girls who are found ignoring the panchayat edicts.

"If a couple runs away from house to get married, they will be ostracised and a cash fine of Rs 51,000 will be imposed on them. Fine of Rs 51,000 has also been decided for those who marry someone from a different community," said the secretary.

He added that panchayat decisions have been communicated to all members of the community in the town.

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Embryonic Sharks Freeze to Avoid Detection

Jane J. Lee

Although shark pups are born with all the equipment they'll ever need to defend themselves and hunt down food, developing embryos still stuck in their egg cases are vulnerable to predators. But a new study finds that even these baby sharks can detect a potential predator, and play possum to avoid being eaten.

Every living thing gives off a weak electrical field. Sharks can sense this with a series of pores—called the ampullae of Lorenzini—on their heads and around their eyes, and some species rely on this electrosensory ability to find food buried in the seafloor. (See pictures of electroreceptive fish.)

Two previous studies on the spotted catshark (Scyliorhinus canicula) and the clearnose skate (Raja eglanteria)—a relative of sharks—found similar freezing behavior in their young. But new research by shark biologist and doctoral student Ryan Kempster at the University of Western Australia has given scientists a more thorough understanding of this behavior.

It all started because Kempster wanted to build a better shark repellent. Since he needed to know how sharks respond to electrical fields, Kempster decided to use embryos. "It's very hard to test this in the field because you need to get repeated responses," he said. And you can't always get the same shark to cooperate multiple times. "But we could use embryos because they're contained within an egg case."

Cloaking Themselves

So Kempster got his hands on 11 brownbanded bamboo shark (Chiloscyllium punctatum) embryos and tested their reactions to the simulated weak electrical field of a predator. (Popular pictures: Bamboo shark swallowed whole—by another shark.)

In a study published today in the journal PLoS One, Kempster and his colleagues report that all of the embryonic bamboo sharks, once they reached later stages of development, reacted to the electrical field by ceasing gill movements (essentially, holding their breath), curling their tails around their bodies, and freezing.

A bamboo shark embryo normally beats its tail to move fresh seawater in and out of its egg case. But that generates odor cues and small water currents that can give away its position. The beating of its gills as it breathes also generates an electrical field that predators can use to find it.

"So it cloaks itself," said neuroecologist Joseph Sisneros, at the University of Washington in Seattle, who was not involved in the study. "[The embryo] shuts down any odor cues, water movement, and its own electrical signal."

Sisneros, who conducted the previous clearnose skate work, is delighted to see that this shark species also reacts to external electrical fields and said it would be great to see whether this is something all shark, skate, and ray embryos do.

Marine biologist Stephen Kajiura, at Florida Atlantic University, is curious to know how well the simulated electrical fields compare to the bamboo shark's natural predators—the experimental field was on the higher end of the range normally given off.

"[But] they did a good job with [the study]," Kajiura said. "They certainly did a more thorough study than anyone else has done."

Electrifying Protection?

In addition to the freezing behavior he recorded in the bamboo shark embryos, Kempster found that the shark pups remembered the electrical field signal when it was presented again within 40 minutes and that they wouldn't respond as strongly to subsequent exposures as they did initially.

This is important for developing shark repellents, he said, since some of them use electrical fields to ward off the animals. "So if you were using a shark repellent, you would need to change the current over a 20- to 30-minute period so the shark doesn't get used to that field."

Kempster envisions using electrical fields to not only keep humans safe but to protect sharks as well. Shark populations have been on the decline for decades, due partly to ending up as bycatch, or accidental catches, in the nets and on the longlines of fishers targeting other animals.

A 2006 study estimated that as much as 70 percent of landings, by weight, in the Spanish surface longline fleet were sharks, while a 2007 report found that eight million sharks are hooked each year off the coast of southern Africa. (Read about the global fisheries crisis in National Geographic magazine.)

"If we can produce something effective, it could be used in the fishing industry to reduce shark bycatch," Kempster said. "In [America] at the moment, they're doing quite a lot of work trying to produce electromagnetic fish hooks." The eventual hope is that if these hooks repel the sharks, they won't accidentally end up on longlines.

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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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GAO calls on Postal Service to prefund retiree benefits

U.S. Postal Service officials and postal unions have long pushed Congress to relieve the agency of its obligation to prefund retiree health benefits. It’s a burden other agencies don’t share and one that officials say the Postal Service can’t afford. Defaults on prefunding payments total $11.1 billion.

But not everyone agrees that removing or substantially reducing the prefunding requirement is the best way out of the USPS hole.

A recent Government Accountability Office report says the “USPS should prefund its retiree health benefit liabilities to the maximum extent that its finances permit.”

The GAO said that deferring the prefunding payments “could increase costs for future ratepayers and increase the possibility that USPS may not be able to pay for some or all of its liability.”

The report said the Postal Service’s financial condition makes it difficult for the agency “to fully fund the remaining $48 billion unfunded liability over the remaining 44 years of the schedule” set up by the 2006 Postal Accountability and Enhancement Act.

USPS officials say they can pay $0.00. The Postal Service is losing $25 million a day.

“If Congress was to eliminate the requirement for USPS to pay down its unfunded liability on retiree health care, taxpayers would almost certainly pick up the bill,” said House Oversight and Government Reform Committee Chairman Darrell Issa (R-Calif.). “USPS needs to cut costs, not cheat taxpayers or its own employees.”

The GAO report gives something to both sides, saying that the USPS should prefund its retiree health benefits, while acknowledging that it currently is too broke to do it.

In a response included in the GAO report, Joseph Corbett, the USPS chief financial officer and executive vice president, said the Postal Service “does not have the financial resources to make the prefunding payments required by current law.”

He criticized the GAO for releasing a report that did not include the controversial USPS proposal to sponsor its own health-care plan, outside of the Federal Employees Health Benefits Plan that now covers postal workers.

“Allowing the Postal Service to gain control of its own health care program would save money, reduce or eliminate the current unfunded liability, and allow for better management of health care costs going forward,” Corbett said.

Fredric Rolando, president of the National Association of Letter Carriers, called on Congress to “reject the GAO’s policy myopia. . . . Government records show that 80 percent of all the USPS red ink stems directly from prefunding.”

Report: Close the digital divide

Uncle Sam needs to get with the digital program.

That’s the takeaway from a report — with the appropriate title #ConnectedGov — on the government’s use of technology and social media. It is being released Wednesday by the Partnership for Public Service, in collaboration with the Booz Allen Hamilton consulting firm.

The report identifies innovative digital programs in seven agencies, demonstrating that “there are places in government that are doing immensely creative and impactful things,” said Max Stier, president and chief executive of the Partnership.

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Driverless car concept gains traction at CES

LAS VEGAS: Automakers and technology firms are jumping on the bandwagon of the driverless car, which remains a concept as well as a platform for new technologies to improve safety on the road.

At the Consumer Electronics Show in Las Vegas this week, Toyota and Audi showed off their ideas for autonomous vehicles, in the wake of the push by Google on its driverless car. And others may follow suit.

Toyota drew considerable attention with its electronically gussied-up Lexus sedan, equipped with a host of sensors and cameras that can detect what is around the vehicle.

"It has the ability to drive itself, but we won't allow it," said Jim Pisz, corporate manager at Toyota North America.

Pisz said the technology is similar to Google's with the use of electronics, but that "the Google focus is on software mapping, that's what they're really good at. Toyota focuses on safety programs and more integrated programs."

The Japanese automaker maintains that its 2013 Lexus LS, also being shown at the expo, already has "the world's most advanced pre-collision safety system" but its driverless cars are only being used in closed research centres, unlike Google's publicised road tours.

The growing use of advanced electronics for auto safety, communications and entertainment has prompted a record eight automakers to attend the Las Vegas show, along with dozens of firms working on related products and services.

"Electronics are vital to our cars. Today's cars are rolling computers," Audi executive Wolfgang Duerheimer told reporters at CES.

The German automaker's Ulrich Hofmann told AFP that the new technology "helps the driver in situations where it's boring to drive, and leaves you to drive when it is fun."

At the Las Vegas tech confab, Audi showed its concept for a driverless vehicle in a simulator.

Hofmann said an autonomous car could be developed within five to eight years but noted that "there are a lot of regulatory and legal issues."

Ford Motor Co. researcher Pim van der Jagt said the US auto giant halted its program on driverless cars several years ago.

The concert "seemed so far out, it didn't make sense having big teams working on it," he said, but added that "now, with the interest in the Google car, politicians are starting to speak about it" and Ford has resumed its program.

Nevertheless, "a full autonomous car is far out, and may even never exist," van der Jagt said.

Audi engineers say they can envision an on-off switch which could be used in traffic jams on highways, where vehicles could join a sort of motorcade traveling at identical speeds, freeing a driver for a few moments.

In September, California Governor Jerry Brown signed a bill clearing the way for self-driving cars to jockey with human-operated vehicles to test the technology on the state's roads.

The state of Nevada in May issued a license plate giving Google's self-driving car the green light to travel along public roads there.

The growing talk of autonomous cars has sparked fresh interest in how the tech sector -- which has been under fire for fuelling "distracted driving" -- can improve auto safety and the driving experience.

"Everybody gets distracted at some point," said Steven Wenger of Mobileye, a company that makes equipment for crash avoidance for major automakers and as a consumer aftermarket device.

"Three seconds could save a person's life. We want people to be aware of these technologies which can help avoid accidents."

-AFP/fl

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Rajiv Thakur appointed secretary, finance ministry

NEW DELHI: Senior IAS officer Rajiv Thakur was today appointed secretary in the finance ministry.

Thakur, a 1979-batch officer of Gujarat cadre, is presently Additional Secretary and financial adviser in ministry of health and family welfare.

Thakur, who will be Secretary in the Department of Financial Services, will succeed Dinesh Kumar Mittal, IAS (UP:77), who retires on January 31, an official release said today.

The Appointments Committee of Cabinet (ACC) headed by Prime Minister Manmohan Singh has approved appointment of Ravi Mathur as secretary in the department of disinvestment under the finance ministry.

Mathur, a 1979-batch IAS officer of Rajasthan cadre, is currently Additional Secretary in Ministry of Labour and Employment.

The ACC has also appointed Prof K Vijayraghavan, director, National Centre for Biological Sciences, Bangalore as secretary, department of biotechnology, the release said.

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Pictures: Wildfires Scorch Australia Amid Record Heat

Photograph by Jo Giuliani, European Pressphoto Agency

Smoke from a wildfire mushrooms over a beach in Forcett, Tasmania, on January 4. (See more wildfire pictures.)

Wildfires have engulfed southeastern Australia, including the island state of Tasmania, in recent days, fueled by dry conditions and temperatures as high as 113ºF (45ºC), the Associated Press reported. (Read "Australia's Dry Run" inNational Geographic magazine.)

No deaths have been reported, though a hundred people are unaccounted for in the town of Dunalley, where the blazes destroyed 90 homes.

"You don't get conditions worse than this," New South Wales Rural Fire Service Commissioner Shane Fitzsimmons told the AP.

"We are at the catastrophic level, and clearly in those areas leaving early is your safest option."

Published January 8, 2013

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