Unprecedented legal battle expected in Aurora theater shooting case over shooter's mental health

11:53 AM, Oct 22, 2013   |    comments
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CENTENNIAL - As lawyers in the Aurora theater shooting case continue to argue this week about what evidence should be admitted during a trial, a new court file hints at a complex and unprecedented legal battle over sanity and the death penalty.


In a court motion filed this week, attorneys for shooting suspect James Holmes are asking the court to push back a deadline so they can file motions relating to the sanity report written up by state psychiatrists.

In that motion, defense attorneys hint their argument will be unprecedented, saying "...these motions involve very important and complex legal issues, many of which pertain to the death penalty and mental illness and have never been filed or litigated before in the State of Colorado. The issues involved in these motions are issues that form the basis of the core of this case."

Holmes' attorneys are asking the court to allow them to file motions relating to the sanity evaluation by Nov. 8.

The 128-page sanity evaluation has not been released publicly and could deeply impact the course of the case as it makes its way through court.


Trial is still scheduled for February 2014 as prosecutors seek the death penalty.

Have a comment or tip for investigative reporter Jeremy Jojola? Call him at 303-871-1425 or e-mail him

(KUSA-TV © 2013 Multimedia Holdings Corporation)

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