James Holmes Trial Update: Defense Team Suppressing Information, Says Gag Order Should Stay in Theater Shooting Case
Feb 07, 2013 05:33 PM EST
Attorneys for Aurora suspect James Holmes are reportedly asking a judge to conceal evidence to the public about the mass shooting. His legal team has asked Judge William Sylvester to keep a gag order in place in an effort to protect Holmes' right to a fair trial, due process, and an impartial jury.
According to the Denver Post there is "a great deal of information about the case that has not been made public and are asking a judge to keep a gag order in place."
Attorneys asked the judge overseeing Holmes' murder case to lift or modify the gag order, which bars police officers and others from talking publicly about the shootings. Aurora attorneys said the gag order was not needed as a wave of details about the case emerged during a preliminary hearing last month. They said the order was, for instance, preventing officers from giving training talks to other departments about their experiences responding to the theater shooting. Holmes' attorneys have argued that "there is a great deal of information related to this case that was not presented at the preliminary hearing, and which has not yet been made public." The Denver Post reported that they also faulted Aurora's lawyers for being vague in their request.
Judge Sylvester has yet to issue an order on Aurora's gag-order request. Prosecutors in the Aurora theater shooting case have re-iterated their request that victims' names be redacted from court documents, saying that victims and their families continue to suffer harassment from conspiracy theorists.
The Denver Post also reports that since the July 20 shooting which killed 12 and injured 58 by gunfire, victims and their families have been subject to harassment online and in person from conspiracy theorists. At least one victim and one witness have been impersonated in motions purportedly filed in their name.
Holmes facing 166 murder and attempted murder counts, and is scheduled to next appear in court on March 12.