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Holmes attorneys ask judge to move his trial

Colorado Shooting

By DAN ELLIOTT
Associated Press

DENVER (AP) -- Attorneys for the man charged with killing 12 people and injuring 70 in a Colorado movie theater asked a judge to move the trial, saying potential jurors have been exposed to prejudicial news coverage and carry emotional burdens from the massacre.

In motions filed Friday and made public Monday, defense attorneys contend that some of the news coverage "is tantamount to publishing a confession," and that defendant James Holmes cannot get a fair trial in Arapahoe County, where the attack occurred.

Holmes has pleaded not guilty by reason of insanity to multiple charges of murder and attempted murder in the July 2012 shootings in the Denver suburb of Aurora. His attorneys have acknowledged he was the shooter but say he was in the grip of a psychotic episode.

Prosecutors are seeking the death penalty.

The trial of Holmes is scheduled to begin in October in Centennial, a southeast Denver suburb about 10 miles from the crime scene.

It was not immediately clear whether the request for a change of venue might further delay the trial. District Judge Carlos A. Samour Jr., who is presiding over the case, has not said whether he would consider the request.

The deadline for requesting a new venue passed more than a year ago, at Holmes' arraignment hearing on March 12, 2013. The law allows later requests if the judge deems there is good cause.

The case has been slowed by complicated legal questions involving the insanity plea and death penalty.

The most recent delay came after prosecutors asked for a second sanity evaluation. The judge eventually granted the new evaluation, but it was placed on hold amid defense objections.

Moving the trial could be costly and difficult.

A courtroom in the Centennial courthouse has been remodeled at a cost of $26,400 to accommodate a 24-member jury, including the 12 alternates sought by Samour.

Samour plans to issue 6,000 summonses for potential jurors. It's not known whether that many would be required in a different location.

A new venue also would raise questions about housing and transporting Holmes. In Centennial, deputies can move him between the courthouse and the neighboring jail relatively easily.

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Follow Dan Elliott at http://twitter.com/DanElliottAP

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Glocks Mom April 09 2014 at 7:23 AM

This is delay of justice for the victims and the families. Let's get this trial over, it doesn't matter what this murder wants as it doesn't change a single thing about this case. He does not have the right to make demands, we do have the right however to demand his trial begin and end without further distractions. He is a monster and deserves no leniency or mental defect or insanity plea to assist in his defense. The death penalty or life without parole is the only answer.

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TEXVOODOO2 April 07 2014 at 10:48 PM

If I was the judge I would say sure, no problem. We'll move his trial to Texas where he can get the justice he deserves.

Flag Reply +3 rate up
betharcuriny99 April 07 2014 at 10:21 PM

I believe he should have no "rights" . He is a killer and lost that "right" when he killed, taken the
"Rights" of others to live. Fair? What about the victims and their family!?
Taxpayer money on this..thing. Suck it up just fry him.

Flag Reply +4 rate up
dduval9967 April 07 2014 at 10:20 PM

you mean they haven't shot that ******* yet

Flag Reply +3 rate up
tcdesalvo April 07 2014 at 10:12 PM

With any luck he will face the same fate as Jeffrey Dahmer.

Flag Reply +4 rate up
Gary April 07 2014 at 10:08 PM

He should have been hung from a light pole outside the theater after capture.

Flag Reply +3 rate up
Gary April 07 2014 at 10:07 PM

Like he didn't do it? The justice system has been perverted by lawyers.

Flag Reply +4 rate up
Kenny April 07 2014 at 11:06 PM

if the judge gets enough money it might get moved............

Flag Reply +1 rate up
1 reply
bluetimestwo Kenny April 08 2014 at 12:00 AM

There you go...you've got it.

Flag Reply 0 rate up
hodefense22 April 07 2014 at 10:53 PM

he should get the death penalty no matter what after what he did

Flag Reply +2 rate up
williamrenate April 07 2014 at 9:38 PM

What difference does it make, moving it will not stop the insanity that has gripped the U.S>

Flag Reply +3 rate up
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