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The defense also said allowing victims to testify during the penalty phase
-- which would happen only if Holmes were convicted -- would overwhelm jurors with emotion and keep them from relying only on facts if they have to decide between execution and life without parole. Another motion says that if jurors convict Holmes, they should be taken to see Colorado's death chamber as well as the prison holding death-row inmates before they deliberate his sentence. Prosecutors are expected to argue against the defense motions. Neither side will comment publicly because of a gag order issued by the judge. Samour agreed to postpone a Sept. 30 hearing for Fox News reporter Jana Winter until Jan. 3. Citing unidentified law officers, Winter reported that Holmes sent a notebook containing violent drawings to a psychiatrist. Attorneys for Holmes say whoever spoke with Winter violated a gag order and should be punished. They also say several Aurora police officers might have lied under oath when they denied being Winter's sources, undermining their credibility as trial witnesses. The judge hasn't said whether he will order Winter to reveal the names. Winter could be jailed indefinitely if she refuses such an order. She has said she won't comply. To enforce the subpoena seeking the names, Colorado needs the approval of courts in New York, where Winter lives and works. Two lower courts have upheld the subpoena, but Winter has appealed to New York's highest court.
Samour rejected a motion by Holmes' lawyers asking for a hearing with oral arguments on each defense motion on the death penalty. He also denied a defense accusation that he had ruled prematurely on some motions.
[Associated
Press;
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