ARAPAHOE COUNTY - The February 2014 trial date for theater shooting suspect James Holmes has been delayed after two important motions were discussed in the hearing Thursday morning.
The two motions included requests by the prosecution to have another expert further evaluated Holmes.
The prosecution is not asking for a whole new evaluation to be done in Pueblo but are simply asking for two more experts to have additional access to Holmes for a limited evaluation.
District Attorney George Brauchler clarified that they are not disputing the state hospital's evaluation of Holmes but do want additional information.
Mental Health Institute at Pueblo's evaluation covers three different aspects. What those three different aspects are has not been discussed. The prosecution's request only pertains to one of the three aspects of that evaluation.
"Without knowing specifically what part of the report the prosecution is upset with, the most likely culprit is the determination of whether Holmes suffered from a severe mental disease or disorder," Robinson said, "because if so, that might be an insurmountable obstacle to execution."
The defense objected, saying there are no provisions in the law for added experts to evaluate Holmes.
Brauchler asked the judge and the defense if he could discuss the two motions with the victims. According to the Victims' Rights Act, they have to keep victims posted in the developments of the case.
The judge granted Brauchler the ability to discuss the motions with the victims. Brauchler said the victims will most likely understand the delayed trial date because they know how important this case is.
On Dec. 17 and 18, the judge will discuss the motions further.
Prosecutors, defense attorneys and investigators in the Holmes case are under a gag order. They are prohibited from talking publicly about the case. Most of the details reported Thursday were either from the open court testimony or the documents the judge released.
The mental health report has not been released, nor the specific language of the motions discussed in court.
(KUSA-TV © 2013 Multimedia Holdings Corporation)