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Lawyers for the Aurora theater shooting gunman want to exclude the public from upcoming court hearings concerning his psychiatric evaluation.
Arguing that the hearings are about “the very core of the evidence of this case,” James Holmes’ attorneys say that allowing the public — including the news media — to hear that evidence now would hurt Holmes’ rights.
"[I]t is highly likely that broad public exposure to the details of this evidence would have a seriously prejudicial impact on Mr. Holmes’ constitutional rights to a fair trial by an impartial jury," defense attorneys wrote in their motion, filed Friday.
Two days of hearings are scheduled for later this month to debate a prosecution request that Holmes undergo another psychiatric evaluation, this time by prosecution experts.
Defense attorneys say testimony at the hearings will reveal whether an independent psychiatrist concluded Holmes was sane or insane at the time he shot 70 people inside the Century Aurora 16 movie theater, killing 12. The evaluation was ordered after Holmes pleaded not guilty by reason of insanity. The results of the evaluation have not been disclosed publicly, and attorneys have spoken in court only cryptically about the report.
Defense attorneys say in their motion they will argue that some statements and conclusions in the report should be excluded from trial.
"[T]he only role the public or the media is likely to play if allowed access to this hearing is to seek out attention-grabbing headlines based on evidence that may ultimately not be admissible or admitted at trial," the defense motion states.
Prosecutors have not yet responded to the motion.
Read more: James Holmes’ lawyers want to close hearings about psychiatric exam - The Denver Post http://www.denverpost.com/news/ci_24673428/james-holmes-lawyers-want-close-hearings-about-psychiatric#ixzz2mkcJH2As
12/06/2013 Register of Actions November 30. 2013 through December 06, 2013
So this week’s ROA has more interesting suppressed motions. Yesterday the defense filed this:
- 12/05/2013 MOTION TO RESCHEDULE HEARINGS ON P-67 AND P-68 DUE TO WITNESS SCHEDULING CONFLICT
And the people responded (also suppressed):
- 12/05/2013 RESPONSE TO DEFENDANTS MOTION D-190 TO CONTINUE HEARING ON P-67 AND P-68 FILED BY THE PEOPLE
Motions P-67 and P-68 are about the prosecutions request for further sanity exams:
11/18/2013 Order Granting the People’s Request to Suppress Motions P-67 and P-68 (C-76)
So basically the defense are requesting the hearing pertaining to the prosecution’s request for more sanity exams be rescheduled because their witness can’t make that date.
Not huge news, but it gives us some idea of what’s going on. Seems like the defense are preparing to really fight the prosecution’s request, with witnesses and all.
(Have the defense called any witnesses yet? I know they said they were going to during the prelims but decided against it in the end, but have they called on anyone else?)
So I’m assuming the defense is requesting to reschedule the hearings on the 17th & 18th right? I’m kind of confused.
I know it’s late but I just noticed the hearing scheduled for December 11th has been postponed. Next hearing should be on Dec 17th -18th
In a leaked snippet of his interrogation, James Holmes is questioned about his motive(s) for the shooting.
OMG! That’s the creepiest thing I’ve ever seen! LOL
The Denver Sheriff’s Department failed to investigate dozens of serious allegations of deputy misconduct over the past 2½ years, including inmates’ claims that deputies choked them, sexually harassed them and used racial and ethnic slurs.
Allegations of inappropriate force, sexual misconduct, and allegations of bias. Inmates accused deputies of inappropriately striking them, choking them, slamming them into walls or doors, stunning them with Tasers or throwing them to the ground.
The article doesn’t mention Arapahoe County but this still makes me wonder how they’re treating James. It’s very scary.