Thread: Attorneys for James Holmes ask judge to restrict public access to case

Attorneys for James Holmes ask judge to restrict public access to case

By John Ingold
The Denver Post
Posted: 09/26/2013 12:01:00 AM MDT | Updated: a day ago

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Attorneys for the Aurora movie theater shooter are asking a judge to restrict the public's access to information about his case, according to a motion filed Wednesday.

James Holmes' attorneys argue that the official court website that posts copies of case documents is hurting Holmes' right to a fair trial. The motion asks the judge to order the website be taken down and to seal transcripts of hearings and the case's register of actions, which is a running log of activity in the case.

"The 'Cases of Interest' website has undoubtedly had a deleterious effect on Mr. Holmes' constitutional rights to due process and a fair trial by an impartial jury," the motion states.

Prosecutors have not taken a position on the request.

The motion had not been posted to the website Wednesday evening, but a copy of the motion was provided by an attorney who represents media organizations, including The Denver Post, on public-access issues in the case.

The motion does not ask that the case be sealed entirely, meaning that, if it is granted, paper copies of most case documents still would be available to people who go to the courthouse to request them.

John Ingold: 303-954-1068, jingold@denverpost.com or twitter.com/john_ingold

http://www.denverpost.com/news/ci_24178098/attorneys-james-holmes-ask-judge-restrict-public-access

Colorado Mental Health Institute fights release of James Holmes' tests

By John Ingold
The Denver PostPosted: 09/27/2013 05:05:05 PM MDT | Updated: 69 min. ago

• Sep 26:
• New legal fights brewing over James Holmes' psychiatric evaluation
• Attorneys for James Holmes ask judge to restrict public access to case
• Sep 9:
• Court receives sanity report on theater shooter
• Sep 3:
• Fox News reporter wins delay in crucial theater shooting hearing
• Lawyers for James Holmes seek to throw out the death penalty
• Aug 29:
• Judge sets dates for Holmes mental records
• Aug 28:
• Judge allows Aurora theater shooting victims to watch trial

The Colorado Mental Health Institute is seeking to block the release of psychiatric testing materials to the prosecution in the Aurora theater shooting case.

Earlier this month, prosecutors asked the institute to turn over its entire case file on the theater shooter, James Holmes, along with the specialized materials used to conduct his psychiatric evaluation. Doctors at the institute, in Pueblo, evaluated Holmes this summer following his plea of not guilty by reason of insanity.

In a motion filed Friday, lawyers from the state Attorney General's office — which is representing the institute — said requiring the institute to provide its testing materials would hurt its work in the future.

"Disclosing the testing instruments and raw data is similar to publishing test questions with the answers," the motion states. "The test becomes useless when those taking it know how to answer the questions."

The institute joins Holmes' lawyers in asking that the subpoenas for the institute's records be quashed. Earlier this week, Holmes' lawyers argued in a motion that prosecutors are asking for things still covered by doctor-patient confidentiality despite Holmes' insanity plea. Prosecutors have already been provided with the official report from Holmes' evaluation.

In an order issued Friday, the judge in the case said the subpoenas will be put on hold until all sides have more time to debate the issue.

John Ingold: 303-954-1068, jingold@denverpost.com or twitter.com/john_ingold

http://www.denverpost.com/breakingnews/ci_24192519/colorado-mental-health-institute-fights-release-james-holmes