Colorado top court rejects Holmes appeal

AP News
Posted: May 08, 2014 2:54 PM

DENVER (AP) — The Colorado Supreme Court is rejecting Aurora theater shooting defendant James Holmes' request that he not have his sanity evaluated a second time.

The court denied Holmes' appeal Thursday. It also ruled that Holmes' filing cannot be seen by the public.

Holmes pleaded not guilty by reason of insanity to killing 12 people and injuring 70. Prosecutors are seeking the death penalty.

He underwent a mandatory psychiatric evaluation last summer. The key findings haven't been made public, but prosecutors claimed the evaluation was flawed and asked for another.

The judge ordered a new evaluation in February, saying the first was "incomplete and inadequate."

The defense appealed to the state Supreme Court on Monday.