The judge in the Aurora movie theater shooting case ruled Tuesday that prosecutors and defense attorneys won’t have to share more details of what key witnesses will testify about at trial.
But Judge Carlos Samour also warned both sides that their “jockeying for a strategic advantage” could have serious consequences at trial.
With jury selection — now scheduled to start in less than two weeks — looming, prosecutors and defense attorneys had both complaining that their opponents hadn’t turned over information about what their most critical witnesses will say at trial. The disputed testimony involves expert opinions on James Holmes’ mental health. Because Holmes has pleaded not guilty by reason of insanity to the shooting, the trial will most closely focus on what he was thinking when he killed 12 people and tried to kill 70 more inside the Century Aurora 16 movie theater.
Samour both sides’ motions Tuesday, saying the two sides are not legally bound to share more information than they already have. But, he cautioned that, if either side tries to introduce expert testimony that has not been previously disclosed, he might prevent them from doing so.
Samour wrote in one order that he won’t allow either side to turn the trial into, “a proceeding by ambush.”
