With less than three weeks to go before the official start of trial, debate over expert witnesses is dominating the Aurora movie theater shooting case.
In and made public Wednesday, prosecutors say that defense attorneys should be required to share with them various reports from the defense’s expert witnesses. Most of the reports concern what the defense’s experts will say during a possible death-penalty phase in the trial.
Such a phase will be necessary only if the jury first convicts James Holmes of murder in the 2012 attack that killed 12 people and wounded 70 more. Holmes has pleaded not guilty by reason of insanity, meaning expert testimony about Holmes’ mental health will play a crucial role in the trial.
Court rules broadly require opposing sides to share information prior to trial, to create a level playing field. In their motion, prosecutors say defense attorneys have resisted sharing the reports.
“This would turn the sentencing phase of the trial, at least as far as defense expert witnesses are concerned, into trial by ambush,” prosecutors write in the motion.
Prosecutors this week asking that the defense not be allowed to present certain undisclosed evidence during the sentencing phase.
The long-awaited trial in the case is scheduled to begin Jan. 20 with jury selection.
Defense attorneys have the prosecution of from its expert witnesses. In , defense attorneys say prosecutors haven’t disclosed whether one of the prosecution’s mental health experts has reached a conclusion about Holmes’ sanity that helps the defense.
