Lawyers for James Holmes will be able independently to inspect all the physical evidence collected in the Aurora movie theater shooting case, but they’ll have to follow strict conditions, according to a judge’s order issued Tuesday.
Holmes’ attorneys will have to provide the names and professional backgrounds of all experts who will do independent testing on the evidence, and the prosecution will be allowed to run criminal background and driving history checks on them. Holmes’ lawyers must also disclose precise details on where the evidence will be stored and how it will be transported and secured. Evidence must be returned promptly after the defense’s tests are complete, according to the order.
“[T]his ruling strikes the proper and most fair balance between the legitimate interests of the defendant and the practical necessity of protecting the evidence and its integrity for use at trial,” Arapahoe District Court Judge Carlos Samour .
The order was one of several Samour issued Tuesday, most of which denied motions by Holmes’ attorneys. For instance, Samour that would have prohibited jurors from submitting questions to be asked of witnesses during the trial. Samour to defense motion to bar testimony at trial about witness statements made spontaneously — .
Holmes, who has pleaded insanity, is scheduled to go on trial on charges that he killed 12 people and tried to kill dozens more inside the Century Aurora 16 theater last summer. On Tuesday, The Pueblo Chieftain that Holmes has arrived at the Colorado Mental Health Institute in Pueblo for the crucial court-ordered psychiatric exam that will play a big part in deciding the outcome of the trial.
John Ingold: 303-954-1068, jingold@denverpost.com or twitter.com/john_ingold
