Any chance that James Holmes has at all of walking away from the Aurora shooting tragedy without the death penalty depends on whether his lawyers are able to prove that there was no premeditation involved in this crime. However, the chances of that happening are slim to none. There seems to be enough indication that this was a carefully thought out, premeditated mass murder.

For one thing, police believe the shooting was so precise, that Holmes must have definitely had some practice before he entered the movie theater on that terrible evening. Moreover, he was outfitted to kill. He was wearing a bulletproof vest, as well as a ballistic helmet. He was also outfitted with a gas mask and gloves.

Before he began shooting, Holmes set off several smoke bombs close to the screen. In fact, many of the moviegoers in the theater at the time believed that the smoke was part of the effects created to bolster their experience. It was only when they saw his shadowy silhouette pointing a weapon at the crowd, that they realized that something was wrong.

When police found him after the shootings, he was still in full riot gear, with weapons on him, and mumbling about the weapons cache that he had stored in his home.

In the wake of all these revelations, it seems highly unlikely that his lawyers will able to prove that this was not a premeditated murder.

However, in all the attention on his defense, it seems less probable that there will be any attempts to understand what triggered such behavior in a brilliant individual with high academic potential. Holmes at one point was preparing for his PhD, and dropped out last month. Efforts must be made to look into why a brilliant young man suddenly found himself a mass murderer.