New trial date set in theater shooting case

3:47 PM, Feb 27, 2014   |    comments
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CENTENNIAL - An Oct. 14 trial date has bet set in the Aurora theater shooting case while defense attorneys announced they plan to fight a second court ordered sanity evaluation.

While results of the first sanity evaluation of shooter James Holmes haven't been revealed, all indications point to a conclusion the suspect was insane at the time of the crime according to 9NEWS Legal Expert Scott Robinson.

Prosecutors requested a second evaluation saying in court documents the first one was "inadequate" and "incomplete."

A finding of insanity would hinder the prosecution's efforts who are seeking the death penalty. 

The state's mental health hospital in Pueblo has until March 10 to find a new examiner for the second sanity evaluation. 

Defense attorneys announced they will file motions to "object" to the second evaluation and plan to appeal the court's order.

While the court set a new Oct. 14 trial date, Judge Carlos Samour acknowledged that many victims would like to see a resolution to the case.

"I completely understand their wishes," Judge Samour said. "But there's nothing I can do ...I have to make sure things are done right."

Judge Samour cited the new sanity evaluation as part of the reason for the trial date extension.

Court hearings have also been set for two weeks beginning April 28 to review motions relating to the death penalty. 

Defense attorneys have agreed to waive their client's right to speedy trial for the second time.  

(KUSA-TV © 2014 Multimedia Holdings Corporation)

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