Aurora Masscre: Review of Judge Sylvester’s Ruling – An Insult to Justice and Those Who Seek It

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:

  1. set up an Adult Friend Finders page with incriminating statements written into his message
  2. 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)
  3. 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.

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35 Responses

  1. I was under the impression that dates himself was in that courtroom from the story I read on it. They literally have nothing here. They didn’t even try. This trial is meant to fool morons and I am not a moron. That could be a problem for them.

  2. About the phone. I bet you anything that was a gsm iPhone with a Sim card. Anyone can clone your Sim card in like 10 minutes. There probably a way to do it without even physically having his Sim.

  3. How can we send a copy of this to the NRA? They are protesting today…. maybe this info will give them more ‘fire’ to heat up the press?

  4. Great article! I added a couple things from this to my list I’ve been keeping. I’m not a conspiracy type of person… but I can’t wrap my head around this story

  5. Ladies and gentlemen, it wouldn’t be difficult to prove that the Emergency Exit Fire Doors at the Century 16 multiplex were indeed hooked up to a silent alarm system, which of course they were!

    Now, when the silent alarm goes off the staff immediately checks the doors for a possible fire (not to mention check for persons sneaking into the theater without a ticked). If the a building code isn’t then sent to the fire department within a set period of time, that silent fire alarm goes to the fire department.

    • It just occurred to me: When Holmes (?) tripped the silent fire alarm exiting theater 9, the fire department would have been at the theater by the time he returned! That means too that no one would have contemplated such a plan because the plan would be foiled by the silent alarm!

      • Only ‘people’ who had the authority to disarm the alarm and to silence first responders would be able to plan around the theater alarm.

        • Indeed. And here’s the hole in the official narrative: The manager of the theater is now complicit in the crime since “admitting” that the Emergency Fire Exit Doors weren’t hooked up to a mandatory Fire Code-mandated alarm system.

          This also implicates the Aurora Fire Department in the crime, because they have gone along with the canard that there was no Emergency Exit Fire Door alarms.

          Dean M. Jackson

  6. Another reality occurred to me concerning the Fire Code mandated silent alarm system connected to the Cinemark Century16 Emergency Exit Fire Doors: Being a fire alarm in a movie theater, not only would the fire department be on the way shortly after the Emergency Exit Fire Doors’ silent alarm was tripped, police too would have been dispatched for assistance in managing any chaos that might ensue due to the possible fire.

    This means that James Holmes’ (?) plan was dead when though up, which means we’re being lied to.


    Dean M. Jackson

    • Good point… also, if the Cenema had emergency doors that were not working and they allowed movies to be shown.. wouldn’t that be in violation of safety law? And If the fire dept knew about it… wouldn’t they be to blame also?

  7. Didn’t the initial 911 call come from the projection booth? I’m just gonna assume that in an op like this all these contingencies have been taken care of, like any security system disabled, their people in place. Meanwhile, as Justice is served – head on a platter style – in Aurora, most are busily occupied with Sandy Hook. Nice coincidence.

    • Kate, the initial call probably came from one of the movie goers, but not the projection booth because there was no one up there. The Cinemark chain became a totally digital projection setup in December 2011 (see link below), meaning the movie ran automatically. So when the movie suddenly stopped when the shooting began (who turned it off?), why didn’t the lights automatically come on? And why did the dim corridor lights go out? They NEVER go out.

      • Guess they have to have someone responsible for the movie running correctly…. that person must have cut movie off….if lights had come on… would it had been more dangerous for the viewers?
        Ahhh,….maybe not. then someone might have seen the shooter more clearly. …… then again, maybe not, the shooter was only in the theater for around 3 minutes…. he was probably out before the movie was turned off?

        • No, digital projectors eliminate projectionists completely!

          “Digital will eliminate us completely,” Rivierzo says. “All you have to do is load it and play it, and a lot of this stuff can be done off-site. We have theaters now running with 35 percent of the house digital. Once they go over 51 percent running digital, and they run it that way for 90 consecutive days, they can eliminate the presence of a projectionist.” —

          Cinemark is 100% digital as of December 30, 2011. There was no one in that projection room, so who turned off the movie and then turned off the dim corridor lights?

          Once more, when the Emergency Exit Fire Doors are opened and stay opened during the movie, the staff has to investigate otherwise the fire department gets involved.

          • The movie never stopped playing, apparently. It’s in the police tapes. After they arrested James, they were in the theater asking for someone to shut off the movie. Also, I’ve been told a million times now when I brought up the whole emergency exit/alarm situation that it technically was not an “emergency” exit and just a regular ol’ exit. Don’t know if that helps or changes anything, lol.

            • (1) Doors inside the theater marked EXIT are surly used as exit avenues AFTER the movie is over, so the theater staff disengages the alarm then, but they are still Fire Doors and DURING the running of a movie they have to be checked by staff when opened, otherwise the silent alarm will be transferred to the fire department.

              (2) Eyewitnesses affirmed that the movie turned off as soon as the shooter entered the Emergency Exit. Fast forward to 3:07 minutes in the link below:

              Police log transcript requesting movie to be turned off:

              01:14:21 I need somebody to shut this movie off in 9, how do we shut the movie off in 9?


              What this tells us is that:

              (1) the movie was started again because;

              (2) since the projection booth was 100% automatic, the movie couldn’t have turned off once the shooter entered the Emergency Exit.

              We now have corroboration of tampering with evidence at a crime scene and a false flag event!

              • There were many witnesses that remarked that when the shooting started,they first thought it was coming from the movie.. so the film was still running when shooter started murdering people…..

                • The witnesses said they thought the shooting was a prank or stunt, not that it came from the movie. Please post where you found those witness quotes you claim, because I posted where witnesses said not only did the movie stop once the shooter entered theater 9, but all the lights went out too, which includes the dim corridor lights, and they are never turned off.

                • Dean, I’ll try to find it. Will have to go through a lot of Scott’s articles and comments. I bet Chris has a video of it also.

                • Jan10,

                  here’s a witness reference thinking the shooting was part of the movie::

                  “AURORA, CO – When a gunman opened fire inside a movie theater early Friday morning near a mall in Aurora, Colo., many watching “The Dark Knight Rises” thought it was part of the movie. “The shooting happened during a battle scene on screen, so it took some time to realize that is wasn’t part of the special effects,” one witness told” —

                  As far as the witness would know, the movie suddenly stopping is a part of the movie, THEN the real shooting takes place inside theater 9, so the witness naturally thought the movie was still playing when the shooting started. What witnesses affirm that the screen was actually not dark and truly playing the movie a minute into the melee?

                  Also, don’t forget all other lights in theater 9 also went out at the same time as the movie stopped!

  8. Nice summary. But it brings me back to the same problem with this case that continues to leave me physically ill whenever I think about it…. that I don’t know what to do to try and fix it. I completely agree people should reject this ruling and demand the truth…. but how? better writing seems futile.

    Unlike in years past, the fact that these crimes took place now — with the ability of news, videos, statements, and photos to be grabbed and saved, then quickly and widely distributed by blogs and websites (as well as social media) has allowed for more widespread discussion, and the opening of people’s minds when it “just didn’t make sense” and they searched google for answers. Where facts could have easily been hidden (and were) in the past, no longer is it that easy.

    Nonetheless, it feels like we are in no better position to change this. Anyone have any specific ideas?

    And, out of curiosity, if you plead guilty, can you ever appeal later, citing incompetent counsel?? And will people ever be able to see/visit Holmes in the future?

    As always, great work Scott.

    • People are waking up a lot more with this than they did with 9/11. It doesn’t send them into denial the way 9/11 does, it doesn’t have the emotional stigma attached to it so much (Sandy Hook is different perhaps with it being children).

      I’m not sure of any ideas other than trying to get the police punished for not performing a toxicology screen on Holmes. That seems like a pretty key misstep on their part.

      Regarding your last question, James Earl Ray was talked into pleading guilty by his attorney. From what I understand, a conflict of interest existed because there was a $50,000 reward to whoever brought MLK’s killer to justice, but I’m not sure if the attorney actually got any of that money. It sounds like Ray was able to appeal the decision, but never succeeded. I know at one point he was offered a possible reduction in sentence in exchange for helping to unravel the conspiracy, but he basically wanted no part in that.

    • I believe the defense attorneys are the weakest link; they will lose any way they go. They know too much, they have probably been threatened, they will probably be murdered or ruined after Holmes has been convicted. The only way they might stand a chance is if they stand together and demand a fair trial for Holmes. The Judge has already told the public, the prosecution, and the defense, that the prosecution’s evidence will not be accepted in a real trial : he has covered his ‘ass’.
      If they can be made to understand that they will gain power and leverage if they begin to truly defend Holmes, it would open up a huge can of worms…. but if they stand firm…. the air will clear… The public will be outraged as the trial reveals that Holmes was set up. If ‘things’ occur that stop the trial, the public will be more outraged…
      its time the defense turns the table on the ‘masters’ of the crime.

      • I don’t see this as ever coming back on whoever actually committed this crime. Even if Holmes remembers/knows anything, it’s likely to be very limited, and nothing solid. He probably remembers some fake aliases of those who did this to him. Nothing beyond that.

        • that’s why I say getting Holmes is useless. however there is a reason they are hiding the evidence of this case from the people. that is different. you might never get it but if you make enough noise while demanding it more people will start paying attention and asking these questions themselves especially in light of the social and political changes that are taking place as a result of these events. that may be the best and only course of action we have remaining us.

  9. On what grounds can they keep all this evidence sealed, this is not a national security issue, best I can tell?

  10. Fox News’ Jana Winters Subpoenaed by James Holmes’ Defense Team Regarding Aurora Shooting Report

    • Whoa…. they going for the Judge to throw out the case?
      The Defense actually has ‘teeth’?!

    • I am not so sure, jan10… The crescendo after all these shootings came in the form of not “gun grab”, but more like creating a “mental health” cage for us slaves, punching gaping holes in the doctor-patient confidentiality, broadening the definition of mental illness while making it as ambiguous as possible, providing the context for more and more Americans to be put on medication not only for treating the so called “symptoms” but as a preventative measure, especially now that the doublespeak of “affordable healthcare” is mandatory, and the depressed citizenry will flock to their “mental health care provider” for their fix…

      This is so twisted that i am beginning to feel the whole health care reform was mostly a foundation for them to build this crap on….

      The message seems to be clear: “We will oppress you and incapacitate you!!! You will not only like it, but you will also pay for these services”

      As for the notebook business, so far, I have not seen a single move from this defense team that could be seen as benefiting the defendant, or this judge that can be considered “fair”…. So, I will have to reserve judgement on why they have rescucitated the notebook in such a public way.

  11. This is my entry on 9/11 Blogger regarding possible MKULTRA Scopolamine links with James Holmes:

    James Holmes received an NIH (National Institutes of Health) scholarship to attend CU Anschutz campus. The CIA has been proven to have laundered money for MKULTRA through the NIH for their LSD experiments (source in MKULTRA FOIA document). Holmes was engaged in research regarding the olfactory system (sense of smell), did he get roped into testing some Scopolamine at some point? Apparently he volunteered to be part of an fMRI study at one point, although he backed out.

    “James Holmes, the accused killer in the Aurora, Colorado Massacre, had been part of a University of Colorado-Denver research group carrying out innovative studies on the systems biology of olfaction. The scientists worked in the laboratory of Diego Restrepo, Ph.D. A National Institutes of Health (NIH) “Neuroscience Training Grant,” totaling $179,514, was awarded to Dr. Restrepo, team project leader, in 2012. Holmes had dropped out of the group and was in the process of withdrawing from the university.”

    “Recently I dug into those memories and wrote a novel about my experiences following the Princeton experiments, doing my best to be fair to all sides, but I found that I could barely dramatize, let alone forgive, the professionals who had taken CIA MK-ULTRA money (laundered, as was later proven, through NIH) and at temporarily driven me out of my mind.”

    Recent NIH – CIA link:

    Project MKUltra, The CIA’s Program of Research in Behavioral Modification Joint Hearing (the proof about NIH-CIA-MKULTRA links):

    fMRI study:

  12. I have started a local business, Brantford iPhone Repairs. We fix damaged iphone screens, backs, speakers, buttons and anything else that may break during use of your iPhone. We will soon offer mail in repairs so I thought it would be good to spread the word incase you know someone who may find this service useful. Thanks!

  13. While we were preoccupied with the Boston bombing events, this just occurred:

    Apparently, prosecutors want to use video and audio of James Holmes in jail as evidence. This is convenient for them, because obviously his mental state now is nothing like it was when they found him incoherent behind the theater.

    The article also mentions something about 911 calls made in reference to a disturbance the night before the shooting, as well as shell casings from a local shooting range. This is the first I’ve heard about any such pieces of “evidence.”

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