The man accused of killing 12 people and injuring 58 others in an Aurora movie theater is expected to find out Monday what charges he will be facing.
Arapahoe County prosecutors will likely charge James Eagan Holmes with numerous counts of murder, attempted murder and aggravated assault, among possible other offenses. Up until this point, Holmes has been held merely on suspicion of murder.
The hearing will mark the second time Holmes has appeared in court since the July 20 shootings and, , will be largely technical in nature.
But it could also provide new details in a case that has been . Most of the documents in the case file — including the arrest affidavit — are sealed. A gag order significantly restricts what attorneys and law-enforcement officers can say about the case.
At the hearing Monday, though, prosecutors and defense attorneys will debate two motions concerning case information.
In the first, Holmes’ attorneys are expected to argue that prior to the shootings and should be turned over to the defense. Several news outlets, citing unnamed sources, have reported that the notebook contained details of Holmes’ plans. Holmes’ attorneys have also asked 18th Judicial District Chief Judge William Sylvester to order prosecutors to turn over any information that might point to who leaked details about the notebook to the media.
Prosecutors have not responded to the assertion that the notebook is privileged but have said they have not looked at its contents. They have also suggested that media reports about the notebook were fabricated — even while .
In the second motion, several media outlets, including The Denver Post, have asked Sylvester . The motion notes that even the index of case filings and events — known as a register of actions — is sealed.
“This status quo violates the public’s constitutional right of access to the records of criminal prosecutions,” attorneys for the media outlets wrote in the motion.
John Ingold: 303-954-1068, jingold@denverpost.com or twitter.com/john_ingold
