Motions filed by James Holmes' attorneys accuse the Arapahoe County Sheriff's Office of violating the court's gag order by releasing a new mug shot on Sept. 20. The latest jail photograph shows Holmes with short brown hair and with a wide-eyed smirk.
"This photograph appears to have been released by the Arapahoe County Sheriff's Office in violation of the Court's order," the defense motion reads.
It goes on to say the photograph has implicated Holmes' right to a fair trial. Arapahoe County Sheriff Grayson Robinson told 9Wants to Know minutes after the court documents were released that he was aware of the defense's claims.
"I will leave it to a court to make a determination," he said.
Robinson says he checked with the 18th Judicial District's Court Administrator the same day media made a request for a new mug shot, after Holmes' appearance changed.
"Before I released [the mugshot,] I checked with the appropriate authorities who suggested it was appropriate to release it," Robinson said. He says there was no objection to releasing the mug shot.
However, 18th Judicial District Court Administrator Laurie McKager says she doesn't recall a discussion on whether it was appropriate to release the mug shot. McKager told 9Wants to Know that she only recalls a discussion with Arapahoe County Undersheriff David Walcher in which she agreed to forward any requests for the mug shot to the sheriff's office.
Holmes' attorneys are also asking the court for sanctions against the government in another motion claiming there have been leaks about the contents of the package the suspect sent to his psychiatrist before the shooting. The motion does not indicate which government agency is responsible for the alleged leaks nor does it say who leaked the information about the package.
"Since then, the defense has received over 16,000 page of discovery in this case," the defense motion says. "The discovery received thus far supports the defense's concern that the government was responsible for leaking information about the contents of the package to the media."
A hearing to focus on the alleged leaks and possible violations of the gag order has been set for Oct. 11 at 9 a.m.
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