Daniel King, defense attorney of alleged Colorado shooter- James Egan Holmes, has forfeited his sanctions against prosecutors for violating a court ordered gag by leaking the latest mug shot of the 24-year-old to the media.
At a court hearing Thursday, defense said that all previous pursuits "has been rendered moot," by the court as reported by Denverpost.com
On September 20 a second mug shot, which revealed a very different Holmes with shorter hair- dyed from bright red to its natural dark hue, was released to media.
According to Defense's motion, the prosecutors leaked the picture to create "the deliberate exposure of a person in custody for the purpose of photographing or televising by representatives of the news media," as reported on by Denver Westword. Defense is arguing that the release of the mug shot infringes on his client's privacy due to him as a part of an order issues by Arapahoe County District Judge William B. Sylvester to limit pre-trial publicity.
Earlier this month, Judge Sylvester ordered that all documents in the case, with a few crucial exceptions, be released to the public. Both prosecutors and defense object to the decision citing that it might interfere with ongoing investigations.
Former Ph.D. student has not yet made a plea, but it is very likely that he will be pleading not guilty due to insanity. Prosecutors have already charged him with 12 counts of murder and 116 of attempted murder. But now, Chief Deputy District Attorney Karen Pearson seeks to add 10 counts to Holmes' 142 counts and amend 17 others.
Currently, the alleged shooter Holmes is being held in a detention facility of Arapahoe County in solitary confinement. Eighteenth Judicial District Attorney Carol Chambers told News Day that she is considering pursuing the death penalty, but only after consulting with the victims and their families.
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.
Judge Sylvester has assigned the preliminary trial hearing to November 6.
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