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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Vice President Maduro back in Venezuela, no news on ailing Chavez

CARACAS (Reuters) - Vice President Nicolas Maduro returned to Venezuela on Thursday after visiting Hugo Chavez in hospital in Cuba, but gave no new details on the cancer-stricken president as rumors grow about his condition.

Flanked by senior government figures including Diosdado Cabello, the head of the National Assembly, Maduro toured a coffee production plant in Caracas - the type of visit that the president made frequently before he fell ill.

Chavez, 58, has not been seen in public nor heard from in more than three weeks and officials say the socialist leader is in delicate condition after suffering complications following his fourth cancer operation in just 18 months. But they have offered very few details.

"In the last few hours we were with President Hugo Chavez, bringing him the encouragement and strength of the Venezuelan people," Maduro said on Thursday. He said Cabello, Oil Minister Rafael Ramirez and Chavez's elder brother Adan, among others, had all been with the president in the Cuban hospital.

Venezuelan bonds rallied to 2008 highs on Thursday on rumors about Chavez's health.

In scenes that recalled Chavez's hours-long televised visits to building sites, hospitals and oil refineries, Maduro told workers at the nationalized Fama de America factory that there was no "transition" taking place in the country.

"The only transition in Venezuela is the transition to socialism," he said in comments carried live by state television.

"It began six years ago, ordered by Comandante Hugo Chavez as chief and president, elected, re-elected and ratified, much as it pains the bourgeois hucksters and the right, who have done so much damage to our fatherland."

Chavez's abrupt exit from the political scene would be a huge shock for the South American OPEC nation. His oil-financed socialism has made him a hero to the poor majority but critics call him a dictator.

He is still set to be sworn in on January 10, as spelled out in the constitution. If he were to die or had to step aside, new elections would be held within 30 days, with Maduro running as the ruling Socialist Party candidate.

Chavez's condition is being watched closely by Latin American allies that have benefited from his generous assistance, as well as Wall Street investors who are attracted to Venezuela's lucrative and widely traded debt.

Last year, Chavez staged what appeared to be remarkable comeback from the disease to win re-election to a new six-year term in October despite being weakened by radiation therapy. But he returned to Cuba for more treatment within weeks of his win.

Officials have said he suffered unexpected bleeding and then a respiratory infection after a six-hour operation on December 11.

Top Socialist Party officials have suggested that his inauguration could be postponed indefinitely to accommodate his recovery.

The opposition has insisted that the government should stick to the January 10 date, and on Thursday one opposition leader said they should form an official commission to visit Cuba and assess the president's condition for themselves.

(Editing by Kieran Murray and Lisa Shumaker)

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Australian soy milk action widened to Japanese firms

SYDNEY: Hundreds of Australians who became sick after drinking soy milk containing dangerously high levels of iodine have widened their class action to include two Japanese companies, lawyers said.

About 600 Australians became ill after consuming Bonsoy milk, many suffering thyroid problems, up until the product was withdrawn from sale in late 2009, Maurice Blackburn Lawyers said late Thursday.

The case against the Australian brand owner Spiral Foods launched in the Victorian Supreme Court in 2010 had been widened to include manufacturer Marusan-ai Co Ltd and exporter Muso Co Ltd, the firm said.

"We say that these three companies had test results in mid-2006 which showed that Bonsoy contained extremely high levels of iodine, but they did nothing," said senior associate Irina Lubomirska in a statement.

Lubomirska said the companies had breached consumer protection laws in Australia and Japan.

"None of the three companies did anything to ensure that Bonsoy, which was marketed and sold as a premium health-food soy brand, was in fact safe to consume," she said.

The class action alleges that Spiral requested a reformulation of Bonsoy to include iodine-rich kombu instead of adding salt and that as a result the product had contained excessive iodine since mid-2003.

It also alleges that consumer concerns about iodine were repeatedly dismissed.

Victims are seeking compensation for medical expenses and loss of income as well as for the pain and suffering.

By the time Bonsoy was recalled in late 2009, after Australian authorities discovered that one glass contained seven times the upper safe dose of iodine for adults, it had been on the market for six years, Maurice Blackburn said.

Because it was touted as a healthy product, some consumers had increased their intake when they became ill, Lubomirska added.

A directions hearing on the matter is scheduled for March 8.

-AFP/ac

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Amazon Kindle Fire gains Web usage market share on iPad loss

Web usage of Apple's
iPad fell more than 7 percent in North America after Christmas, while competing
tablets from Amazon, Google, and Samsung all registered gains, according to a new study released today.

While the iPad dominates the market with 78.8 percent Web usage, its usage after Christmas dropped 7.14 percent, according to Chitika Insights, which sampled hundreds of millions of smartphone and tablet ad impressions in the U.S. and Canada between December 1 and December 27. The
Kindle Fire -- the distant second-place player in the market -- gained 3 percent to account for 7.51 of impressions all impressions during the period.

Samsung's Galaxy Tablet came in third with a gain of 1.38 percent for a market share of 4.39 percent, followed by the Google Nexus, which gained 0.92 percent to finish with a 2.04 percent share. Microsoft's Surface recorded a rather miniscule 0.17 percent increase for a 0.4 percent share. But the Surface still fared better than the BlackBerry PlayBook, which lost 0.02 percent for a 0.68 share.

"This substantial change underscores the inroads non-iPad tablets made this holiday season, reflecting some initial holiday sales estimates released by companies like Amazon. Their Kindle Fire HD tablet was the top-selling product on Amazon.com on Black Friday, Chitika said in a statement. "However, despite the gains by competitors, we expect that the iPad's share of tablet traffic will return to the 80 percent range, albeit lower than pre-holiday levels, as users return from vacation and browse with their new devices less frequently."

Meanwhile, Apple's iPhone 5 recorded the largest increase in Web impressions, jumping 1.11 percent to finish with a 8.27 share, followed by Samsung Galaxy S3's 1 percent increase (4.29 percent) and a 0.17 percent increase that gave the Samsung Galaxy Note 1 and 2 a 1.02 percent increase.

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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 Where's Obama to 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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Central African Republic rebels halt advance, agree to peace talks

DAMARA, Central African Republic (Reuters) - Rebels in Central African Republic said they had halted their advance on the capital on Wednesday and agreed to start peace talks, averting a clash with regionally backed troops.

The Seleka rebels had pushed to within striking distance of Bangui after a three-week onslaught and threatened to oust President Francois Bozize, accusing him of reneging on a previous peace deal and cracking down on dissidents.

Their announcement on Wednesday gave the leader only a limited reprieve as the fighters told Reuters they might insist on his removal in the negotiations.

"I have asked our forces not to move their positions starting today because we want to enter talks in (Gabon's capital) Libreville for a political solution," said Seleka spokesman Eric Massi, speaking by telephone from Paris.

"I am in discussion with our partners to come up with proposals to end the crisis, but one solution could be a political transition that excludes Bozize," he said.

Bozize on Wednesday sacked his Army Chief of Staff and took over the defense minister's role from his son, Jean Francis Bozize, according to a decree read on national radio, a day after publicly criticizing the military for failing to repel the rebels.

The advance by Seleka, an alliance of mostly northeastern rebel groups, was the latest in a series of revolts in a country at the heart of one of Africa's most turbulent regions - and the most serious since the Chad-backed insurgency that swept Bozize to power in 2003.

Diplomatic sources have said talks organized by central African regional bloc ECCAS could start on January 10. The United States, the European Union and France have called on both sides to negotiate and spare civilians.

Central African Republic is one of the least developed countries in the world despite its deposits of gold, diamonds and other minerals. French nuclear energy group Areva mines the country's Bakouma uranium deposit - France's biggest commercial interest in its former colony.

RELIEF IN BANGUI

News of the rebel halt eased tension in Bangui, where residents had been stockpiling food and water and staying indoors after dark.

"They say they are no longer going to attack Bangui, and that's great news for us," said Jaqueline Loza in the crumbling riverside city.

ECCAS members Chad, Congo Republic, Gabon and Cameroon have sent hundreds of soldiers to reinforce CAR's army after a string of rebel victories since early December.

Gabonese General Jean Felix Akaga, commander of the regional force, said his troops were defending the town of Damara, 75 km (45 miles) north of Bangui and close to the rebel front.

"Damara is a red line not to be crossed ... Damara is in our control and Bangui is secure," he told Reuters. "If the rebellion decides to approach Damara, they know they will encounter a force that will react."

Soldiers armed with Kalashnikovs, rocket propelled grenade launchers and truck-mounted machineguns had taken up positions across the town, which was otherwise nearly-abandoned.

Some of the fighters wore turbans that covered their faces and had charms strung around their necks and arms meant to protect them against enemy bullets.

Chad's President Idriss Deby, one of Bozize's closest allies, had warned the rebels the regional force would confront them if they approached the town.

Chad provided training and equipment to the rebellion that brought Bozize to power by ousting then-president Ange Felix Patasse, who Chad accused of supporting Chadian dissidents.

Chad is also keen to keep a lid on instability in the territory close to its main oil export pipeline and has stepped in to defend Bozize against insurgents in the past.

A CAR government minister told Reuters the foreign troop presence strengthened Bozize's bargaining position ahead of the Libreville peace talks.

"The rebels are now in a position of weakness," the minister said, asking not to be named. "They should therefore stop imposing conditions like the departure of the president."

Central African Republic is one of a number of countries in the region where U.S. Special Forces are helping local soldiers track down the Lord's Resistance Army, a rebel group which has killed thousands of civilians across four nations.

France has a 600-strong force in CAR to defend about 1,200 of its citizens who live there.

Paris used air strikes to defend Bozize against a rebellion in 2006. But French President Francois Hollande turned down a request for more help, saying the days of intervening in other countries' affairs were over.

(Additional reporting by Paul-Marin Ngoupana in Bangui and Jon Herskovitz in Johannesburg; Writing by Richard Valdmanis; Editing by Andrew Heavens and Janet Lawrence)

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Clinton out of hospital, keen to resume work

NEW YORK: US Secretary of State Hillary Clinton was released from a New York hospital late Wednesday and is expected to make a full recovery from a rare blood clot in her head, a top aide said.

"Secretary Clinton was discharged from the hospital this evening," Deputy Assistant Secretary Philippe Reines said in a statement, three days after the 65-year-old diplomat was admitted for treatment.

"Her medical team advised her that she is making good progress on all fronts, and they are confident she will make a full recovery," he said, adding that Clinton was "eager to get back to the office."

Earlier the top US diplomat, bundled up against the cold in a winter coat and wearing dark glasses, appeared in public for the first time in almost a month, when she came out of a building at the New York Presbyterian Hospital.

It was the first time Clinton had been seen since catching a stomach virus on returning from a trip to Europe on December 7, which triggered a series of health scares and forced her to cancel a planned visit to North Africa.

Accompanied by her smiling husband, former president Bill Clinton, as well as her daughter Chelsea and several aides, Clinton walked unaided to a waiting black van at the hospital, according to images broadcast by CNN.

Both Clinton and her family "would like to express their appreciation for the excellent care she received from the doctors, nurses and staff at New York Presbyterian Hospital Columbia University Medical Center," Reines added.

He did not say when the secretary would return to work though, promising only to issue an update in the coming days. She is due to step down after four years in office later this month, handing the baton to Senator John Kerry, who has been nominated by President Barack Obama to replace her.

"Grateful my Mom discharged from the hospital & is heading home. Even more grateful her medical team confident she'll make a full recovery," Chelsea Clinton said in a tweet.

Kerry's appointment will have to be confirmed by the new Senate, due to be sworn in on Thursday, but as a veteran, well-respected senator he is expected to sail through the hearing.

Earlier, State Department spokeswoman Victoria Nuland said Clinton had been busy keeping in touch by telephone.

"She has been talking to her staff, including today. She's been quite active on the phone with all of us," Nuland told journalists.

The globe-trotting diplomat was admitted to the hospital on Sunday after a routine scan revealed the clot in a vein behind her right ear in the space between her skull and her brain.

Her doctors Lisa Bardack, from the Mount Kisco Medical Group, and Gigi El-Bayoumi, of George Washington University, said in a statement on Monday that Clinton had not suffered a stroke or any neurological damage.

They said however they would be treating Clinton with blood thinners to break up the clot, which if left untreated could be potentially dangerous.

The effects of the stomach bug caused her to become dehydrated. She then fainted and suffered a concussion, which is thought to have brought on the blood clot.

Clinton still has some unfinished business as she wraps up her popular tenure at the State Department, and is widely expected to testify before the end of the month on the September 11 attack on a diplomatic mission in Libya.

She had been due to appear at hearings last month, after a State Department inquiry found security at the Benghazi mission was "grossly inadequate" but was forced to cancel after she fell ill. Four Americans died in the attack.

Republican Representative Peter King said he believed she still needed to testify "and I think she will be pleased to do it. I never have known Hillary Clinton to back away from a fight."

But King told CNN she should not appear before Congress "until she is absolutely in perfect health."

-AFP/ac

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iPad 2013: Mini on the rise

Some obvious changes seem to be in store for the iPad Mini in 2013. But it won't be a no-brainer for Apple to crank out the next-gen Mini in short order.

(Credit:
Apple)

Apple appears to have hit another consumer sweet spot with the
iPad Mini. So, how much sweeter can it get in 2013?

First, some numbers that point to just how popular the 7.9-inch iPad seems to be. NPD DisplaySearch had originally expected display makers to ship 6 million iPad Mini displays in the fourth quarter of 2012. But last month it quickly upped that estimate to about 12 million.

Though it's not clear if display makers were actually able to ship that many, owing to supply constraints in regard to displays, it's safe to say the Mini's in demand.

What gets better? In a word, the screen.

Punching up the Pixels: The iPad Mini's relatively grainy 1,024x768-pixel resolution display is fine for most people. But at only 163 pixels per inch -- versus 264 pixels per inch for the Retina iPad -- I don't think it's good enough for Apple.

Particularly when the competition is knocking on Apple's door. Amazon's larger
Kindle Fire HD achieves 254 pixels per inch in an 8.9 inch display. And Google's popular
Nexus 7 offers better resolution than the Mini too.

So, how does Apple up the ante? The conventional wisdom, driven by Asia-based rumors, is that Apple slaps on an eye-popping 2,048x1,536-pixel screen (same pixel count as the 9.7-inch Retina iPad but in a considerably tighter space) and swaps out the A5 chip for a faster A6.

Sounds enticing, but that's a costlier Mini to build than the one that's being sold for a starting price of $329 today. So you may have to pay more for a Retina Mini.

But it would be worth it. For me, the pixel shock -- after using the Retina iPad 4 and a Mini over the last month or so -- isn't so much going from the 4 to the Mini but switching back to the 4's Retina. That display is so patently superior to the Mini's that it's impossible to put down the 4 sometimes, despite the Mini's ergonomic appeal.

Peppier processor: And here's another reason I keep going back to the iPad 4: it's a lot faster. While there are benchmarks that demonstrate this, I can feel it. After using the Mini -- which isn't slow, by the way -- for a while then picking up the 4, it feels like everything has been turbocharged.

So you can bet that Apple will eventually put the same speedy A6 chip that's in the iPhone 5 and iPad 4 inside the Mini.

And how soon will all of the above happen? That depends on how quickly suppliers can mass produce the prospective Mini's Retina display. My guess is that mass producing a 7.85-inch, 3 million-plus pixel density display that can fit in the current Mini's chassis is a lot harder than people think.

But I'm sure suppliers will let us know via the grapevine how soon this might happen.

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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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