Lawyers for Colorado cinema massacre gunman seek another trial delay

[January 08, 2015]  By Keith Coffman
 
 DENVER (Reuters) - Attorneys defending accused Colorado cinema gunman James Holmes sought a further delay of his murder trial, set to begin this month, after recently receiving "a vast amount" of new information, court documents showed on Wednesday.

The trial for Holmes, who has pleaded not guilty by reason of insanity to shooting dead 12 moviegoers and wounding dozens more in July 2012, has been postponed several times as legal issues surrounding the case have been litigated.

Prosecutors have charged Holmes with multiple counts of first-degree murder and attempted murder, and said they will seek the death penalty for the 27-year-old if he is convicted.

Lawyers for Holmes have said the former neuroscience graduate student was undergoing a "psychotic episode" when he opened fire inside a Denver-area theater during a midnight screening of the Batman film "The Dark Knight Rises."

The theater shooting was among several rampages in public places in recent years that have fueled a national debate over gun control regulations in the United States.

Public defenders said in the motion for a continuance filed on Wednesday that they have just received from prosecutors some 1,600 new documents along with several CDs and a DVD, and they need "a solid four to six weeks" to review the new material.

Additionally, the defense said they just became aware of three rebuttal witnesses endorsed by prosecutors and they may need to hire their own experts to counter the impending testimony, which they cannot do once jury selection gets underway on January 20.

"It is not possible to do a constitutionally effective job of preparing additional witnesses when the trial has already commenced," the motion said.

Prosecutors have not formally responded to the motion but in a notice to the judge, the defense said they have conferred with government lawyers who said they oppose any further delays.

Arapahoe County District Court Judge Carlos Samour ordered prosecutors and public defenders to file briefs on the issue by the end of the week.

Jury summonses were sent out last month to 9,000 county residents, and Samour earlier told lawyers for both sides to be prepared to present their opening statements in late May or early June.

(This story was refiled to correct byline)

(Reporting by Keith Coffman in Denver, Colorado; Editing by Eric M. Johnson and Simon Cameron-Moore)

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