COLORADO SPRINGS, Colo. – The preliminary hearing for the suspect accused of killing five people and injuring more than a dozen others at a LGBTQ+ club in Colorado Springs in mid-November last year wrapped up Thursday after the defense had no evidence to present in the case.
Prosecutors proved probable cause after calling four witnesses, all from the Colorado Springs Police Department, to testify on Wednesday. The defense called no witnesses.
Prosecutors on Wednesday made the case that 22-year-old Anderson Lee Aldrich, who identifies as nonbinary and uses they/them pronouns, planned the attack at Club Q, visiting the venue at least six previous times and drawing a map of its layout, before the mass shooting unfolded on Nov. 19, 2022.
Fourth Judicial District Attorney Michael Allen told the court Thursday morning he believed prosecutors had satisfied the requirements to meet probable cause in order to take the case trial.
In court, Allen said he believed some of the most important evidence prosecutors presented came on Wednesday from testimony by Colorado Springs police lead detective Rebecca Joines, who testified that the suspect posted a “neo-Nazi white supremacist shooting training video” which featured attacks on synagogues and mosques abroad, including two videos of the Christchurch mosque attacks in New Zealand in 2019, on a website Aldrich either created or administered.
In her testimony, Joines also said the suspect used racial slurs while gaming, posted a rifle scope on a gay pride parade and used another slur toward a property manager when they did not receive their mail.
In final arguments before the court, defense attorney Joseph Archaumbault said the evidence presented may give the court concern about the suspect’s mental state at the time of the mass shooting, referring to the photographs of pill bottles that the suspect had been prescribed to treat mental illness, such as schizophrenia, bipolar disorder and PTSD, as well as feelings of remorse the suspect expressed following the shooting. Archambault didn’t say whether Aldrich had been formally diagnosed with any of those mental illnesses.
A day prior, the defense presented a picture of person under the influence of drugs who was forced by their troubled and sometimes abusive mother to go to LGBTQ+ clubs.
In court Thursday, Archambault said the suspect’s behavior doesn’t excuse their actions, but is “categorically different” than someone who targets a group and is unapologetic about it.
“What the court has is someone who was on a lot of drugs, has a lot of mental health issues, is non-binary, told [Thomas] James they are not accepted for being gay," Archambault said.
Despite those arguments, Fourth Judicial District Court Judge Michael McHenry found probable cause had been established and allowed all 300 charges — including hate crimes — to go forward against the suspect.
"Proof is evident and presumption is great that the people will prevail at trial, such as to warrant the suspect will be held without bond," Judge McHenry ruled Thursday.
READ MORE: All Denver7 coverage on the Club Q shooting
The defense asked for an arraignment to be set for May or June, but Allen countered their request by saying that timeline was excessive.
“If we move too slowly, then justice is denied. If we move too quickly, then justice can be denied," Judge McHenry said in response to Allen’s feedback, before granting the defense their request for an arraignment, which was scheduled for May 30 at 3 p.m. “I honestly believe that the odds are higher that we will get to trial more quickly by granting this request.”
Judge McHenry said in similar cases, defense attorneys must retain a psychiatrist to conduct a mental health evaluation on their defendant, and that it must be done prior to an arraignment. That's because any mental health evidence must be submitted by the arraignment date if it will be entered into a trial.
The court will meet again next month, on March 31, to decide whether or not surveillance camera video from Club Q will be released to the public, and in what fashion that is to be released, should the court allow it to happen.
At a news conference later Thursday, Allen said he expects the suspect to enter a "not guilty plea" but added it was too soon to say whether the defense will enter a “not guilty by reason of insanity plea.
Allen also said he believes they have a strong case for the hate crime charges due to the recent change in Colorado statue, which states that prosecutors now only have to prove that someone acted wholly or partially out of bias.
In closing remarks, the district attorney said it would be hard to say if the trial will be held in 2023.
“Hopefully we can get to a trial process this year,” he said, but argued that there is a chance it could happen next year — especially if COVID-19 concerns arise this year, which has greatly impacted courtrooms in the past.
