Colorado theater shooting defense seeks another trial delay

AP News
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Posted: Jan 07, 2015 8:57 PM

CENTENNIAL, Colo. (AP) — Defense attorneys in the Colorado theater shooting case are again asking a judge to delay the trial, less than two weeks before jury selection is set to begin.

James Holmes' lawyers said in court filings Wednesday that they need more time to review the massive amounts of evidence they continue to receive from prosecutors. They said they have been handed more than 1,600 pages of documents as well as new CDs and DVDS in the past month alone.

The defense lawyers are asking for at least four to six weeks to research three new prosecution witnesses and said they could hire additional experts of their own.

"There will be no opportunity for this preparation given how busy counsel will be once jury selection commences," the motion says. "The defense was already behind on preparing to confront the information it had, let alone preparing to confront the additional information and witnesses it recently received notice of."

Judge Carlos A. Samour Jr. did not immediately issue a ruling but has refused to unnecessarily delay the trial. He rejected a defense request for a delay in December, saying attorneys had plenty of time and resources to prepare.

But defense lawyers argue they have had to devote time to other cases as well. A daughter of one of their key investigators is sick, which could effect his involvement in the case, according to the motion.

Holmes pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 in the 2012 attack at a Denver-area theater. Prosecutors are seeking the death penalty.

The latest request comes 12 days before 9,000 prospective jurors are set to start arriving at the courthouse for jury selection on Jan. 20. If the trial is postponed again, the new date would be the sixth one set for the case. Prosecutors oppose another delay.