Defense attorneys in the Aurora theater shooting case say James Holmes' mental health report will raise 'significant legal issues

5:49 PM, Sep 26, 2013   |    comments
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CENTENNIAL - In a vague court motion filed in the Aurora theater shooting case, defense attorneys hint that the sanity report on the suspect will raise some significant legal issues.

INTERACTIVE 'AFTER AURORA' SPECIAL SECTION

The new documents do not reveal exactly what the sanity report says about the suspect's mental health, but defense attorneys are asking the court to grant a "motion for leave" so they can have more time to file motions specifically relating to the report.

The report was written by doctors who evaluated shooter James Holmes at the state's mental health hospital in Pueblo. So far, the 128-page sanity report has not been made public and has only been given to the court and to the attorneys in the case.

The defense says its motions will relate to "significant and important legal issues arising from this report that relate not only to the merits phase of this case but the sentencing proceeding as well."

Defense attorneys say they expect to file motions relating to the sanity evaluation sometime by Nov. 20 if a motion for leave is granted.

In a separate motion, defense attorneys are also asking the court to remove court documents from the "cases of interest" website, which is accessible by the public and media.

Defense attorneys say publishing the court documents and making transcripts accessible online will harm their client's right to a fair trial.

OTHER STORIES AS WE REMEMBER AURORA

Holmes has pleaded not guilty by reason of insanity. Prosecutors are seeking the death penalty. Trial is still set for February 2014.

Have a comment or tip for investigative reporter Jeremy Jojola? Call him at 303-871-1425 or e-mail him
jeremy.jojola@9news.com

(KUSA-TV © 2013 Multimedia Holdings Corporation)

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