James Holmes Update: Cinema USA of Aurora Movie Theater Seeks to Dismiss Victims Suit in Dark Knight Shooting Case

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Cinemark USA, the owners of the Aurora movie theater, which is being sued by victims in the Dark Knight massacre for lax security, has submitted a petition to dismiss the suit against it.

According to the movie-theater chain lawyers, the blame "here lies entirely with the killer," as reported by Reuters.

According to the Reuters report, the lawsuit reads, "It would be patently unfair, and legally unsound, to impose on Cinemark, a private business in the entertainment industry, the duty and burden to have foreseen and prevented the criminal equivalent of a meteor falling from the sky."

Earlier this month, a number of other filed a class action suit against the movie house, Cinemark USA Inc, which owns Century Aurora 16.

Then a few weeks ago, three more victims injured during the July 20th shootout joined the other victims in a suit against Cinemark USA Inc. for lax security during the night of the massacre.

The three victims filed the suit on Friday in the U.S. District Court in Colorado. The three victims are Joshua Nowlan, Denise Traynom and Brandon Axelrod. Nowlan is a 31-year-old war veteran, while Traynom (24) and Axelrod (30) are newly wed. The litigants will be represented by a Denver law firm of Keating, Wagner, Polidori & Free.

The lawsuit stated: "Although the theater was showing a midnight premier of the movie and was expecting large crowds of people to attend the midnight showing, no security personnel were present for that showing," as reported by WPTV.

The case is taken on the New York Based law firm that represented 9/11 families. The victims and families are supposedly suing the Cinemark Theater for lax security during the screening of the highly anticipated Batman movie.

Currently, the alleged shooter James Egan Holmes is being held in a detention facility of Arapahoe County in solitary confinement. On Friday, prosecutors retreated their request to gain access to the infamous diary Holmes sent to his psychiatrist describing details of the shooting. Prosecutors started Thursday morning in a bid to gain access to the notebook by presenting lead police investigator Craig Appel and detective Tom Welton to testify the importance of the book to the case. But Thursday afternoon, prosecutors had a change of mind and withdrew that request.

Later on prosecutor explained that if Holmes pled not guilty on grounds of insanity that would ensure access to the book. And since it is very likely that the 24-year-old will plead insanity.

On July 20, at a midnight screening of the cult-inducing Dark Knight Rises film at a movie house in Aurora, Colorado, Holmes, opened fire killing 12 people and injuring 59 others. He was arrested that morning and placed in custody.

RELATED ARTICLES:

James Egan Holmes Update: Prosecutors Say He Threatened Professor Before Dark Knight Shootout

Colorado Shooting Update: Dark Knight Massacre Victims and Family Speak out on Relief Funds

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