The defense has dropped its complaint asking for sanctions against the prosecution for releasing a newer version of a mugshot of the Aurora theater shooting suspect James Holmes. The newer mugshot shows Holmes without the iconic red hair.
The defense is, however, continuing their request for sanctions concerning alleged leaks to the media from law enforcement.
Also on Wednesday, Judge William Sylvester ruled he does not have jurisdiction to force Century 16 in Aurora to allow victims suing the theater access to theater 9.
The attorney for the victims also asked to review all previously unseen documents in the case including search warrants and the probable cause statement that outlines the reasons Holmes was arrested in the case. Sylvester says that part of the motion will go forward in the normal legal process.
Also released Wednesday was the prosecution's response to Holmes' attorney's allegations that they leaked information to the press and should be sanctioned. In its response, the prosecution says the defense allegations are too vague.
On Thursday, the defense and prosecution plan to discuss the motion for sanctions for violating this court's order by leaking privileged and confidential information to the media and request for an evidentiary hearing.
The prosecution will argue the defense's filing is too vague because it does not list particular extra-judicial statements in question and does not indicate whether the defense thinks the statements were accurate, inaccurate or a combination of both.
(KUSA-TV © 2012 Multimedia Holdings Corporation)