Venezuela postpones inauguration for cancer-stricken Chavez

CARACAS (Reuters) - Venezuela will postpone the inauguration of President Hugo Chavez for a new term due to health problems, the government said on Tuesday, another sign the socialist leader's cancer may be bringing an end to his 14 years in power.

The 58-year-old former soldier who has dominated the South American OPEC nation since 1999 has not been heard from since surgery on December 11 in Cuba - his fourth operation since he was diagnosed with an undisclosed type of cancer in June 2011.

The delay has outraged opposition leaders who insist that Chavez must be sworn in before the National Assembly on January 10 as laid out in the constitution, or temporarily step aside and leave an ally in power.

"The commander president wants us to inform that, based on his medical team's recommendations, the post-operative recovery should extend past January 10," Vice President Nicolas Maduro said in a letter read to the legislature.

"As a result, he will not be able to be present at the National Assembly on that date."

The letter said authorities would seek another date for the inauguration ceremony but did not say when it would take place, nor give any time frame for Chavez's recovery or his return from Havana.

Rather than being sworn in by the legislature, he would take his oath at a later date before the Supreme Court, the letter said, as allowed by the constitution.

Government leaders insist Chavez is completely fulfilling his duties as head of state - even though official medical bulletins say he has a severe pulmonary infection and has had trouble breathing.

The government has called for a massive rally of supporters outside the presidential palace on Thursday, and allies including Uruguayan President Jose Mujica and Bolivian leader Evo Morales have confirmed they will visit Venezuela this week despite Chavez's absence.

But the unprecedented silence by the president - famous for regularly speaking for hours in meandering broadcasts - has left many convinced he could be in his last days.

His resignation or death would upend politics in the oil-rich nation where he enjoys a deity-like status among poor supporters thankful for his social largesse.

His critics call him a fledgling dictator who has squandered billions of dollars from crude sales while dashing the independence of state institutions.

CONSTITUTION DISPUTE

The constitution does not specify what happens if the president does not take office on January 10.

Opposition leaders argue that Congress chief Diosdado Cabello should take over as mandated by the constitution if the president's absence is formally declared. Cabello, a close Chavez ally, has ruled that out, saying the president continues to be in charge.

"Venezuela is not a monarchy. Ours is not the Cuban system where power is passed around without an election," opposition leader Henrique Capriles, who lost to Chavez in the October presidential election, told reporters on Tuesday.

Supporters have held near-daily vigils for Chavez's recovery, while opposition activists accuse the president's allies of a Cuban-inspired manipulation of the situation.

Vice President Maduro, who Chavez named last month as his successor, has taken over the day-to-day running of the government and looks set to continue in the role past Thursday.

The mustachioed former bus driver lacks Chavez's charisma, but he has sought to imitate the president's style with rambunctious attacks on the opposition and televised ribbon-cutting ceremonies.

With the micro-managing Chavez away, major policy decisions in Venezuela, such as a widely expected devaluation of the bolivar currency, appear to be on hold.

Opposition predictions of fighting within the ruling Socialist Party have not materialized, however, with Maduro and Cabello in particular pledging unity despite rumors of rivalry.

(Editing by Daniel Wallis and Eric Beech)

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Depardieu skips drink-drive court for Strauss-Kahn film

PODGORICA: Gerard Depardieu skipped a drink-driving court appearance in Paris on Tuesday to work on a film in Montenegro in which he will play Dominique Strauss-Kahn, but claimed he had told French officials he would be absent and the matter had been settled.

The "Cyrano de Bergerac", "Green Card" and "Asterix & Obelix" star, who has already pleaded guilty to driving his scooter while intoxicated, could not attend court because he was on a planned trip to Montenegro, Depardieu told reporters in Podgorica.

"I fled neither from the court, nor from justice," Depardieu said after meeting with Montenegrin Prime Minister Milo Djukanovic.

"I informed the court, I never fled.... I am ready to appear when they want, on the condition that I am there and that I can defend myself," the French star said.

But the no-show meant the hulking actor, embroiled in a bitter tax row that saw him take Russian nationality and angrily vow to quit France, risks being tried by a criminal court where he could face up to two years in jail.

The 64-year-old was in the Balkan nation to meet producers of the film in which he will play the disgraced ex-IMF boss Strauss-Kahn. A police official there told AFP that rumours he was seeking Montenegrin citizenship were false.

Depardieu has said he wants the role because he did not like Strauss-Kahn, who was tipped to be the next French president until a sordid US sex scandal ended his career, because he was "like all French people, a little arrogant".

The actor, whose highly-publicised flight into tax exile has embarrassed President Francois Hollande, was arrested in Paris in November after falling off a scooter he was riding while three times over the legal alcohol limit.

If he had turned up Tuesday in court he would have escaped with a small fine and penalty points on his licence. Now the rotund actor, whose many previous exploits include urinating in a bottle on a plane, could face criminal proceedings.

But Depardieu insisted the case has already been settled.

"The justice (system) in France and my lawyers have informed me that all is fine," he said.

He said he was not a "criminal, I've slipped with my scooter, I fell asleep, that's it.

"I had a low level of alcohol in (my) blood as I had a salad with a drop more of vinegar and it was over the limit," he said jokingly.

"This issue is settled, all is fine and I can return to France and there will be no problems."

Depardieu hit the headlines in December when he bought a house just over the border in Belgium after accusing the French Socialist government of punishing "success, creativity and talent" with allegedly excessive taxes.

That prompted Prime Minister Jean-Marc Ayrault to brand his move as "shabby and unpatriotic" -- which in turn prompted the actor to threaten to give up his French citizenship.

The saga became ever more farcical when Russian President Vladimir Putin, eyeing a potential propaganda coup, offered the star Russian nationality.

Depardieu leapt at the chance, travelling last weekend to get his new passport and for some hugs and a meal with the Russian strongman in his sumptuous dacha in the Black Sea resort of Sochi.

He was later given a hero's welcome -- and an offer of a free apartment and the job of culture minister -- in Mordovia, a Russian region best known for its Soviet-era gulags.

In the unlikely event that he spends at least six months of the year in Russia, he would benefit from a tax rate of just 13 per cent. His anger at the French government was focused on its planned 75 per cent tax on millionaires.

France's top constitutional authority, the Constitutional Council, struck down the proposed new tax rate on December 29, but the government has vowed to push ahead with it.

- AFP/jc

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Absconding Himachal MLA surrenders

PANCHKULA/DHARAMSHALA: In a face-saving exercise, the Himachal Pradesh Congress on Tuesday forced its on-the-run MLA from Doon constituency Ram Kumar Chaudhary, wanted in a murder case of a dalit woman, to surrender before a Panchkula magistrate hours before the party's newly-elected legislators took oath at Dharamshala.

A police team had been camping in Dharamshala for the past few days to nab the MLA if he arrives for the swearing-in ceremony. The Panchkula police on Monday had announced a reward of Rs 2 lakh for any information on Chaudhary.

Anticipating an embarrassing situation in the HP assembly as the Opposition BJP was planning to target the Congress for protecting a MLA accused of murder, the ruling party apparently asked Chaudhary to surrender before the start of the session on Tuesday morning.

The 42-year-old MLA, who is one of the four accused in the murder of 24-year-old Jyoti Devi, arrived in the court of chief judicial magistrate Bhavna Jain around 10.30am. He was accompanied by his lawyer. Soon, a police team reached there and took the MLA into custody with the permission of the court.

Later in the afternoon, the cops brought him to the court seeking police remand. However, the MLA's attempt to avoid media drew the court's flak this time as Chaudhary, was brought to the courtroom through the backdoor which is normally used by the judges. After hearing the arguments of both the sides, the court remanded Chaudhary in police custody for six days.

The body of Jyoti, a resident of Hoshiarpur, was found in Sector 21 in Panchkula on November 22. A Panchkula court had issued arrest warrants against Chaudhary and his three associates - Dharampal, Paramjeet and Gurmeet - on December 20, 2012.

When asked about Chaudhary's expulsion from the party following his surrender before the court, chief minister Virbhadra Singh said in Dharamshala that law will take its course.

"This case has affected the party's image but it will not have any impact on the stability of the government. He can take oath later, even in the room of the Speaker, but it would have been better had he surrendered earlier," he said after the oath-taking ceremony of new MLAs.

Leader of the Opposition Prem Kumar Dhumal said, "We will not say anything about the Congress party's stand over the accused legislature. But it is not proper for a sitting legislature to go against the law."

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Report: Death rates from cancer still inching down

WASHINGTON (AP) — Death rates from cancer are continuing to inch down, researchers reported Monday.

Now the question is how to hold onto those gains, and do even better, even as the population gets older and fatter, both risks for developing cancer.

"There has been clear progress," said Dr. Otis Brawley of the American Cancer Society, which compiled the annual cancer report with government and cancer advocacy groups.

But bad diets, lack of physical activity and obesity together wield "incredible forces against this decline in mortality," Brawley said. He warned that over the next decade, that trio could surpass tobacco as the leading cause of cancer in the U.S.

Overall, deaths from cancer began slowly dropping in the 1990s, and Monday's report shows the trend holding. Among men, cancer death rates dropped by 1.8 percent a year between 2000 and 2009, and by 1.4 percent a year among women. The drops are thanks mostly to gains against some of the leading types — lung, colorectal, breast and prostate cancers — because of treatment advances and better screening.

The news isn't all good. Deaths still are rising for certain cancer types including liver, pancreatic and, among men, melanoma, the most serious kind of skin cancer.

Preventing cancer is better than treating it, but when it comes to new cases of cancer, the picture is more complicated.

Cancer incidence is dropping slightly among men, by just over half a percent a year, said the report published by the Journal of the National Cancer Institute. Prostate, lung and colorectal cancers all saw declines.

But for women, earlier drops have leveled off, the report found. That may be due in part to breast cancer. There were decreases in new breast cancer cases about a decade ago, as many women quit using hormone therapy after menopause. Since then, overall breast cancer incidence has plateaued, and rates have increased among black women.

Another problem area: Oral and anal cancers caused by HPV, the sexually transmitted human papillomavirus, are on the rise among both genders. HPV is better known for causing cervical cancer, and a protective vaccine is available. Government figures show just 32 percent of teen girls have received all three doses, fewer than in Canada, Britain and Australia. The vaccine was recommended for U.S. boys about a year ago.

Among children, overall cancer death rates are dropping by 1.8 percent a year, but incidence is continuing to increase by just over half a percent a year. Brawley said it's not clear why.

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CIA Nominee May Have 'Zero Dark Thirty' Problem

Navy SEALs are seen fighting through a dust storm in the new thriller directed by Kathryn Bigelow, "Zero Dark Thirty." (Columbia Pictures/AP Photo)

There’s only one White House staffer portrayed in the new movie “Zero Dark Thirty,” and it is someone described in the credits as “National Security Advisor.”

It’s a position that’s possibly filled in real life by John Brennan, the president’s counterterrorism advisor, who President Obama nominated Jan. 7 to be director of C.I.A.. The character in the movie, with references to the C.I.A’s involvement in the flawed intelligence on weapons of mass destruction that led the U.S. into war in Iraq, explains to a frustrated agency representative the difficulty of the president’s decision in acting on partial intelligence.

Spoiler alert: The president does ultimately act on that partial intelligence and Osama bin Laden is nabbed.

The character in real life – Brennan – has been opposed by some for his work at the C.I.A. under President Bush and the “enhanced interrogation” policies like waterboarding that also play a prominent role in the movie.

President Obama makes a cameo in the movie in the form of a “60 Minutes” interview in which he declares that, “America doesn’t torture, and I’m gonna make sure that we don’t torture.”

That declaration is viewed, in the film, by a table full of CIA agents in Pakistan who have been involved in “enhanced” interrogations.

The U.S. used waterboarding on three al Qaeda detainees at secret prisons run by the CIA.  It  ended the practice of using secret prisons in September of 2006 under President Bush and in 2009 President Obama signed executive orders in his first days in office that banned of the use of waterboarding and other “enhanced interrogation” techniques.

But that was after the techniques had already scuttled Brennan’s first chance to head the CIA.  Brennan wasn’t nominated to be CIA director back in the early days of the Obama administration, but he was widely considered to be a front-runner for the job. ABC’s Jake Tapper reported at the time that Brennan withdrew his name for consideration and most of the opposition came as a result of his work at the C.I.A. when those techniques were in use.

And there is indication that they will make his nomination difficult this year.

“I appreciate John Brennan’s long record of service to our nation, but I have many questions and concerns about his nomination to be Director of the Central Intelligence Agency, especially what role he played in the so-called enhanced interrogation programs while serving at the CIA during the last administration, as well as his public defense of those programs,” said Sen. John McCain after Brennan was nominated Monday.  ”I plan to examine this aspect of Mr. Brennan’s record very closely as I consider his nomination.”

The movie has certainly brought “enhanced interrogation” – it’s critics call it torture – back into the conversation about the war on terror, as ABC’s Lee Ferran reported Monday:

Last week three high-powered senators, Intelligence Committee Chairman Dianne Feinstein (D.-Calif.), Armed Services Committee Chairman Carl Levin (D.-Mich.) and 2008 Presidential candidate John McCain (R.-Ariz.), revealed they had written two letters to Morell in December demanding to know what impact the CIA may have had on the depiction of enhanced interrogation in the film and whether the agency “misled” the filmmakers into thinking the tactic was effective.

“As you know, the film depicts CIA officers repeatedly torturing detainees. The film then credits CIA detainees subjected to coercive interrogation techniques as providing critical lead information on the courier that led to the [bin Laden] compound,” one letter says. “The CIA cannot be held accountable for how the Agency and its activities are portrayed in film, but we are nonetheless concerned, given the CIA’s cooperation with the filmmakers and the narrative’s consistency with past public misstatements by former senior CIA officials, that the filmmakers could have been misled by information they were provided by the CIA.”

Brennan, for his part, has said he opposed torture techniques, as Jake Tapper reported back in 2008 when Brennan removed his name from consideration for the C.I.A. job in 2008.

In a letter released to the media, apparently by Brennan or someone operating on Brennan’s behalf, the former CIA official wrote, “It has been immaterial to the critics that I have been a strong opponent of many of the policies of the Bush Administration such as the preemptive war in Iraq and coercive interrogation tactics, too include waterboarding. The fact that I was not involved in the decision making process for any of these controversial policies and actions has been ignored. Indeed, my criticism of these policies within government circles why I was twice considered for more senior-level positions in the current Administration only to be rebuffed by the White House.”

But Brennan did defend the practice in news media interviews when he described the actions of C.I.A. director George Tenet. This is what Brennan told CBS’s Harry Smith about enhanced interrogation in 2007: “The CIA has acknowledged that it has detained about 100 terrorists since 9/11, and about a third of them have been subjected to what the CIA refers to as enhanced interrogation tactics, and only a small proportion of those have in fact been subjected to the most serious types of enhanced procedures….There have been a lot of information that has come out from these interrogation procedures that the agency has in fact used against the real hard-core terrorists. It has saved lives. And let’s not forget, these are hardened terrorists who have been responsible for 9/11, who have shown no remorse at all for the deaths of 3,000 innocents.”

Brennan has also spoken out in support of “rendition” – the practice where the U.S. government captures terror suspects in one country and relocates them to another. That’s a practice still employed by the Obama administration, according to a recent Washington Post investigation.

Related: Watch Martha Raddatz’s Nightline interview with ‘Zero Dark Thirty’ Director Kathryn Bigelow:

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Ex-governor in North Korea with Google chief; seeks American's release

SEOUL (Reuters) - Former New Mexico Governor Bill Richardson and Google Executive Chairman Eric Schmidt began a controversial private mission to North Korea on Monday that will include an effort to secure the release of an imprisoned American.

The trip comes after North Korea carried out a long-range rocket test last month and as, according to satellite imagery, the reclusive state continues work on its nuclear testing facilities, potentially paving the way for a third nuclear bomb test.

Footage from North Korean state television showed Richardson and Schmidt at the Pyongyang airport on Monday evening.

"We are going to ask about the American who's been detained. A humanitarian private visit." Richardson said.

Richardson's efforts to seek the release of Kenneth Bae, a Korean-American tour guide who was detained last year will mark the latest in a series of high-profile visits over the years to free Americans detained by Pyongyang.

The delegation comprised Schmidt, his daughter, Richardson and Google executive Jared Cohen, according to South Korean news media and it arrived in Pyongyang on a flight from the Chinese capital, Beijing.

The mission has been criticized by the United States due to the sensitivity of the timing. The United States does not have diplomatic relations with North Korea and the isolated and impoverished state remains technically at war with U.S. ally South Korea.

"We continue to think the trip is ill-advised," U.S. State Department spokeswoman Victoria Nuland said in Washington. Last week she said the main U.S. objection was that the trip came so soon after North Korea's much-criticized December 12 rocket launch.

South Korea is in the midst of a transition to a new president who will take office in February, while Japan, another major U.S. ally in the region, has a new prime minister.

A U.S. official said the trip's timing was particularly bad from the Obama administration's point of view because it comes as the U.N. Security Council ponders how to respond to the North Korean missile launch.

"We are in kind of a classical provocation period with North Korea. Usually, their missile launches are followed by nuclear tests," said the official, who spoke on condition of anonymity.

"During these periods, it's very important that the international community come together, certainly at the level of the U.N. Security Council, to demonstrate to North Korea that they pay a price for not living up to their obligations."

Richardson, a former ambassador to the United Nations, has made numerous trips to North Korea in the past that have included efforts to free detained Americans. The reasons for Schmidt's involvement in the trip are not clear, though Google characterized it as "personal" travel.

Schmidt did not respond to requests for comment.

Richardson told CBS television last Friday that he had been contacted by Bae's family and that he would raise the issue while in North Korea.

Pyongyang's most notable success was securing a visit from former President Bill Clinton in 2009 to win the release of two American journalists.

Last year, Jared and Schmidt met defectors from North Korea, a state that ranks bottom in an annual survey of Internet and press freedom by Reporters Without Borders.

Media reports and think tanks say that officials from the North Korean government went to Google's headquarters in 2011, something the U.S. technology giant declined to comment on.

(Additional reporting by Cho Meeyoung and WASHINGTON Bureau; Editing by Michael Perry, Ron Popeski and David Brunnstrom)

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AIM deal begs questions: Tan Cheng Bock

SINGAPORE: Former long-time PAP backbencher Tan Cheng Bock has weighed in on the controversy surrounding the sale of computer systems used by town councils, raising several questions in a post on his Facebook page on Monday, including whether it was right and beneficial to give up ownership of software developed using public funds.

Dr Tan, who was chairman of West Coast-Ayer Rajah Town Council from 2001 to 2004, also questioned whether the town councils, as "public institutions" - a description that was disputed by Tampines GRC MP Baey Yam Keng, who said they were "political organisations" - did the right thing selling the system to Action Information Management (AIM), "a company owned by a political party with its own agenda".

The sale of the systems to a company that is wholly-owned by the PAP "begs a few questions", said Dr Tan, "especially when the company may not serve, 'due to material change', an opposition ward".

"This software is developed using public funds by town councils. Is it right for the TCs to give up ownership in this manner?" he asked.

"So did the town councils as public institutions do the right thing, selling (the system) to a company owned by a political party with its own agenda?"

Dr Tan also questioned the need to introduce AIM as a "middle man" between the town councils and the software developers. He asked if this arrangement raised the town councils' costs, which will eventually be borne by constituents.

"As AIM is now the owner, is it going to pay the costs for any upgrade or new software development? How much is AIM then going to charge the town councils, which now is at the mercy of AIM?" he wrote.

"As town councils are public institutions, citizens are certainly uncomfortable with political party-owned companies transacting with the town councils.

"Much more clarity and transparency are needed."

In response to TODAY's queries, Dr Tan said he "had no problem" with the town councils harmonising the systems in 2003, but added that he was not around when a consultancy was engaged to review the systems -it later recommended that the systems be sold to a third party.

The episode was sparked by Workers' Party (WP) Chairman Sylvia Lim attributing Aljunied-Hougang Town Council's less-than-stellar performance in the Dec 14 Town Council Management Report to AIM's sudden termination of its contract.

It led to a war of words between WP and the PAP town councils.

But Mr Baey, who had to field several questions on the same issue during his regular Facebook chats on Sunday, felt the matter had been unnecessarily politicised.

Noting that town councils are run by political parties, Mr Baey, who is the vice-chairman of Tampines Town Council, added: "I feel that we may be reading too much into the political association. Because in the first place it's a political organisation."

Although town councils provide a public service, Mr Baey felt that "they're not public institutions; they're not a public service company".

"They do not belong to the government. They're governed by government regulations, but they're definitely not run by civil servants; and they're not a public agency," he told TODAY.

Questions on whether the tender process was properly done and if there was a conflict of interest regarding the sale were also directed at Mr Baey during his Facebook chat.

He responded that the focus should instead be on whether AIM had failed in its commitment to the town councils and whether its fees have been unreasonable.

- TODAY/jc

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Abu Jundal's bail plea dismissed

NEW DELHI: A trial court has dismissed the bail plea of LeT terrorist and 26/11 Mumbai attack key handler Abu Jundal, arrested for his alleged role in conspiring to launch terror strikes across the country. It also gave NIA up to 180 days time to complete its probe into the case.

In an in court proceeding, District Judge (DJ) I S Mehta allowed the application of National Investigation Agency (NIA), which sought extension of probe time up to 180 days, saying the articles alleged to have been recovered from Jundal is sensitive to "the issue of national security," the court sources said.

"Looking into the facts and circumstances and the articles alleged to be recovered from respondent/accused (Abu Jundal)... I allow the application of NIA and the accused is remanded to judicial custody for further period of 13 days and Jundal's application under section 167(2) of the CrPC is dismissed," the court said, while fixing the matter for further proceeding on January 17.

During the hearing, Jundal's counsel M S Khan moved the court for bail saying the NIA is delaying the filing of the charge sheet in the case and this does not entitle it to seek more time to complete the probe.

The NIA had also sought extension of Jundal's judicial custody saying its investigation is in progress and it could not disclose its details due to security reasons and the court could see the same in the case diary.

The NIA had lodged an FIR against Jundal following the unearthing of a Lashkar-e-Toiba's (LeT) conspiracy for terror strikes across the country.

During the hearing, Jundal's counsel Khan opposed the NIA's plea for extension of judicial custody saying no efforts have been made by the agency to collect evidence from Pakistan and Saudi Arabia against his client.

Khan argued that there was no circumstance under which the extension of time could be granted to the NIA and Jundal was entitled to be released on bail.

The NIA, however, told the court that its probe into the case is going on.

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Organ donations fall in Germany after scandal

BERLIN (AP) — Organ donations have dropped sharply in Germany following a scandal over alleged corruption at several transplant clinics.

The German Foundation for Organ Transplantation says the number of organs donated fell almost 13 percent to 3,917 last year, the lowest figure in a decade.

Several German clinics are being investigated over allegations that doctors manipulated waiting lists to help some patients appear sicker than they were and so receive transplants sooner.

The foundation said Monday that the scandal had "massively shaken" the public's faith in the transplant system.

Some 12,000 people in Germany require organ transplants each year.

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Cops Break Down as They Describe Aurora Horror

Two veteran police officers broke down on the stand today during a preliminary hearing for accused movie theater gunman James Holmes, with one officer choking up when he described finding the body of a 6-year-old girl inside the theater.

Sgt. Gerald Jonsgaard needed a moment to compose himself as he described finding the little girl, Veronica Moser Sullivan, in the blood splattered theater in Aurora, Colo.

An officer felt for a pulse and thought Veronica was still alive, Jonsgaard said, but the officer then realized he was feeling his own pulse.

A preliminary hearing for Holmes began today in Colorado, with victims and families present. He is accused of killing 12 people and wounded dozens more in the movie theater massacre. One of Veronica's relatives likened attending the hearing to having to "face the devil."

The officers wiped away tears as they described the horror they found inside of theater nine.

Officer Justin Grizzle recounted seeing bodies lying motionless on the floor, surrounded by so much blood he nearly slipped and fell.

Grizzle, a former paramedic, says ambulances had not yet made it to the theater, so he began loading victims into his patrol car and driving to the hospital.

"I knew I needed to get them to the hospital now, " Grizzle said, tearing up. "I didn't want anyone else to die."

Arapahoe County Sheriff/AP Photo

James Holmes Tries to Harm Himself, Sources Say Watch Video

Aurora, Colorado Gunman: Neuroscience PhD Student Watch Video

Grizzle drove six victims in four trips, saying that by the end there was so much blood in his patrol car he could hear it "sloshing around."

Click here for full coverage of the Aurora movie theater shooting.

An officer who took the stand earlier today described Holmes as "relaxed" and "detached" when police confronted him just moments after the shooting stopped.

The first two officers to testify today described responding to the theater and spotting Holmes standing by his car at the rear of the theater on July 20, 2012. He allegedly opened fire in the crowded theater during the midnight showing of "The Dark Knight Rises."

Officer Jason Oviatt said he first thought Holmes was a cop because he was wearing a gas mask and helmet, but as he got closer realized he was not an officer and held Holmes at gunpoint.

Throughout the search and arrest, Holes was extremely compliant, the officer said.

"He was very, very relaxed," Oviatt said. "These were not normal reactions to anything. He seemed very detached from it all."

Oviatt said Holmes had extremely dilated pupils and smelled badly when he was arrested.

Officer Aaron Blue testified that Holmes volunteered that he had four guns and that there were "improvised explosive devices" in his apartment and that they would go off if the police triggered them.

Holmes was dressed for the court hearing in a red jumpsuit and has brown hair and a full beard. He did not show any reaction when the officers pointed him out in the courtroom.

This is the most important court hearing in the case so far, essentially a mini-trial as prosecutors present witness testimony and evidence—some never before heard—to outline their case against the former neuroscience student.

The hearing at the Arapahoe County District Court in Centennial, Colo., could last all week. At the end, Judge William Sylvester will decide whether the case will go to trial.

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