CENTENNIAL — The judge overseeing the Colorado theater shooting case will allow video of the suspect’s most recent sanity evaluation to be played during trial.
Judge Carlos A. Samour Jr. on Monday denied a request by James Holmes’ defense attorneys to bar the recorded interviews with a doctor, saying the videotapes represent the best evidence of the examination. Samour also refused to exclude certain statements Holmes allegedly made during the exam.
Holmes has pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 in the July 20, 2012, attack. His mental state will be a focal point during his trial. Jury selection is expected to start in January.
Holmes’ lawyers acknowledge he was the shooter but argue he was in the grips of a psychotic episode.
He underwent an initial mandatory sanity evaluation last year, but the key finding — whether he could tell right from wrong — was not released.
Samour ordered the second sanity evaluation in January after prosecutors said the doctor who conducted the first one was biased. Samour agreed it was flawed.
Defense attorneys last week asked Samour to toss out the entire second evaluation, saying it was unreliable.
The evaluation is not the final word on whether Holmes was insane at the time of the attack, but it is a key piece of evidence that jurors will consider when making that determination.
Jury selection is now scheduled to start Jan. 20.
