Lawyers for accused Colorado theater gunman oppose televising trial

[September 06, 2014]  By Keith Coffman
 
 DENVER (Reuters) - Attorneys for accused Colorado theater gunman James Holmes oppose requests by news media to televise his trial, arguing the presence of cameras would jeopardize his due process rights, a court filing made public on Friday showed.

A group of television news outlets requested last month that Arapahoe County District Court Judge Carlos Samour allow expanded media coverage of the trial, which is set to begin with jury selection in December.

Colorado law lets trials be televised at the discretion of the presiding judge.

Holmes, 26, is charged with multiple counts of first-degree murder and attempted murder for opening fire in July 2102 inside a suburban Denver cinema during a midnight screening of the Batman film "The Dark Knight Rises."

Twelve moviegoers were killed and 70 others were injured in the rampage, and prosecutors have said they will seek the death penalty for the California native if he is convicted.

Holmes has pleaded not guilty by reason of insanity. His lawyers have conceded the former neuroscience graduate student was the lone shooter, but said he was undergoing a psychotic episode at the time.

In their response to the request to televise the trial, public defenders said defense witnesses would be hesitant to testify due to privacy concerns amid what they said would likely turn into "a media spectacle."

Any reluctance by witnesses could have an impact on Holmes' right to a fair trial, and to a reliable sentencing hearing should he be convicted, the defense lawyers wrote.

"Their (TV news outlets) primary goal is to attract viewers and make money, not necessarily to educate and enlighten the public on the functioning of the criminal justice system," they wrote.

"The Court should take pause before transforming this workplace into a 'set' for the entertainment of the public, which will most certainly detract from the solemnity of these

proceedings."

Prosecutors have not yet filed their response to the media request. Samour has set a Sept. 22 hearing on the issue.

(Reporting by Keith Coffman; Editing by Daniel Wallis and Peter Cooney)

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