by Scott Creighton (H/T Polaris)
My review of Judge William Sylvester’s final decision in the preliminary hearing of James Holmes.
The preliminary hearing that took place last week in the James Holmes case was nothing more than a show trial. As I have stated, the evidence presented against Holmes was prejudicial, circumstantial and possibly even fabricated. Having read Judge Sylvester’s final ruling on the preliminary hearing and his decision to proceed with the trial of James Holmes in the matter of the Aurora Massacre, I am move convinced of this than ever.
“The prosecution is accorded considerable latitude in presenting it’s evidence at the preliminary hearing. When determining the sufficiency of the evidence, the trial court should view the evidence in the light most favorable to the prosecution… “it is not for the trial judge at the preliminary hearing to accept the defendant’s versions of the facts over the legitimate inferences which can be drawn from the people’s evidence… evidence which would be incompetent at the time of trial, may well be the bulk of the evidence at the preliminary hearing” Chief Judge William Blair Sylvester, page 5
The fact that a certain amount of leniency is afforded to the prosecution during preliminary hearings is not remarkable in this case. But when you consider it in light of the larger picture, the fact that this case will never go to trial and the extreme level of secrecy which has been imposed on the case and the evidence itself, what you come to realize is the fact that this case has just been tried in the court of public opinion in an official forum, based on evidence that the court itself admits would never hold up in a real trial.
That is a “show trial’ by definition.
What follows is my review of the judge’s insulting 62 page ruling in this hearing.
One thing I noticed while looking through the judge’s ruling is the fact that he doesn’t stand by the evidence presented himself. What he claims over and over again is that various witnesses make claims ABOUT various pieces of evidence, like the 6 security camera videos, and the judge then states he finds the witnesses “credible”
He doesn’t say the evidence is credible. He says the witnesses are. That’s a big difference.
I also noticed something very odd and if James Holmes had a legitimate defense team (the public defender’s office should be sued by the people of Aurora) they would have jumped all over it:
The fact is, James Holmes is supposed to have had two Iphones, one recovered in his car and one recovered from his home. The one recovered from the scene is the one with all the incriminating evidence on it and may very well be the one which James Holmes is supposed to have ordered his weapons and ammo with. But that phone has an interesting history with regard to July 5th.
It seems on that one day, July 5th, James Holmes used that cell phone to:
- set up an Adult Friend Finders page with incriminating statements written into his message
- take pictures of someone wearing black contacts (to hide the fact that their eyes are the wrong color?) who is supposedly James Holmes with the murder weapons in a fashion much like the now infamous “backyard rifle pictures” that surfaced of Lee Harvey Oswald (those pictures are widely understood to have been fabricated in order to frame Oswald)
- take photos of the back of Theater 9 at Century 16
Any fool, and I mean ANY FOOL can plainly see that the only person who would have done all of these things in a single day would only have done so in an effort to connect James Holmes with this massacre.
And they were all done on the exact same day with James Holmes’ SECOND Iphone.
On page 11 of the judge’s ruling, he also states that Sgt. Fyles testified that Corbin Dates told him (hearsay evidence that would NEVER be allowed into a courtroom) he saw “a male with red hair sticking out of a black beanie walk toward an emergency exit door…”
This statement flies in the face of what Corbin Dates told Chris Mathews on Hardball which was he didn’t think the man he saw getting up and moving toward the exit door was Holmes. Dates never said in public that the guy he saw had red hair sticking out from under a black beanie. This is a completely fabricated aspect of Sgt. Fyles testimony.
But more important that even that, the importance of Corbin Dates’ statement is the fact that he thought that the man he saw getting up and going to the door was actually talking to someone and looking around for the person outside the door as if he were trying to give him directions.
This of course implies another accomplice in this crime, something that omitted evidence surely points to.
It is the same Sgt. Fyles who offered the testimony about the incriminating “back yard photos” found on James Holmes’ second Iphone.
In a court of law, a real court of law, Sgt. Fyles’ credibility would be shot and anything he offered as evidence would probably be dismissed for having perjured himself previously.
The court found Sgt. Fyles’ testimony to be “credible”
James Holmes’ defense team never challenged Fyles.
Also of interest, the shotgun which was originally said to have been found inside the car is now listed as having been found inside the theater itself.
In conclusion, what is probably most glaring in this case is what you don’t see and I mean aside from the fact that the minimal circumstantial evidence that they admit wouldn’t stand up in court is kept secret from you.
What you don’t see is any forensic evidence like gun power residue on Holmes or his fingerprints on the shell casings.
There is not one single mention of evidence of that nature in the judge’s ruling. Not one.
What does this mean? It means that in the biggest case in the history of the Colorado judicial system, they have absolutely no evidence that their suspect, James Holmes, committed this horrendous crime. None that would stand up in court that is.
Having a police official sit on the stand and tell people in the court room that security camera images are in fact James Holmes when no one in the room can make out the face of the person in the video is NOT proof of guilt of the accused.
Having a police official sit on the stand after he has already perjured himself by putting words in the mouth of a witness/victim of this crime, and tell us that James Holmes spent the entire day of July 5th 2012 setting up the prosecution’s evidence against him, is NOT proof of guilt of the accused.
In fact, it might even be proof of his innocence if a forensic study of that second Iphone is conducted.
Having one officer after the other testify that victims were killed and injured and suffering horribly in the aftermath of the shooting is NOT proof of guilt of the accused.
The question to be answered is not that people were injured and murdered by a vicious and ruthless assailant, the question to be answered is whether or not the evidence suggests that James Holmes is indeed that assailant.
Presenting this testimony IN LIEU of actual hard evidence linking Holmes to the massacre, is prejudicial at best.
In short, what has transpired in Colorado in the wake of the Aurora Massacre is an affront to the justice system, the memory of those lost, the suffering of those left behind and the intelligence of the American people who are at this very moment being forced to hand over one of their few remaining items on the Bill of Rights in response to this mass casualty event.
Having reviewed this judge’s insult of a ruling, I am left even more convinced that this event is a staged mass casualty event in the ongoing destabilization campaign being run against the people of this nation, the American Gladio campaign.
The people of this country, the people of Aurora and Colorado must reject this conclusion for the sake of justice for those lost and suffering and those who will in the future.
The notion of criminal justice is not a notion of retribution. It is designed to serve as a warning to others who may intend to commit similar crimes.
As Obama has shown us, if you do not hold criminals accountable like the previous administration and the financial elites who devastated the country we live in, their crimes do not simply go away, they are repeated as needed.
This has always been the basis for the alternative investigative journalists in terms of the unofficial investigation of the Aurora Massacre. We have engaged in countless hours of research and investigation in the hopes that justice may be served, real justice, and future mass casualty events could therefore be avoided.
In that effort we have thus far failed. There have been several more of these staged events since July 20th 2012, all with no motive, all conducted with the same armaments, all carried out by “lone gunmen nuts”, and all being currently used to change the political structure of our nation: namely, the removal of the Second Amendment to the Constitution of the United States.
If we do not stand as a people and reject this kind of white-wash hack-job of a show trial, there will be more of these events in time. More innocent people will die as the destabilization campaign being run in the United States continues.
My heart goes out to all of those who sought justice in this hearing and instead were presented with an insulting dog and pony show on par with the worst WWE performances of the past. Hopefully, like the Jersey Girls before them, they should take a moment to reflect on what they actually saw take place before them, the Kabuki Theater style melodrama that was presented, and they should be infuriated. They should raise important questions and demand real answers. They should demand the release of this so-called evidence including but not limited to the initial police report filed by Holmes’ arresting officer. They should demand this case be opened to the public for scrutiny before those posing as the defense attorneys can trade Holmes’ future for their own personal and profession gain. They should demand these things in every public forum, in front of every camera that will record them and take their demands to the streets if necessary.
If and when they do this, I am sure they will find tens of thousands of us who will gladly join them in their pursuit for real justice for their loss and suffering.
The person’s responsible for their suffering are not being held in custody at this time, they are free and roaming the streets of America, feeling empowered to repeat their heinous crimes again in the future.
Let’s not wait 50 years for RKF Jr. to finally speak out about yet another “conspiracy theory” that has proven to be just a conspiracy. They do exist. They are being run to this very day. And it’s time we starting taking a stand against them as a people, as a nation.
This legal proceeding was a farce and unless we act and refute it as such, we can expect more of the same in the future. For the memory of those lost and the protection of those we will lose, reject Judge Sylvester’s ruling and demand the evidence be brought before the people.