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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.

---

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

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havanasilkdogs April 08 2014 at 1:39 PM

While I realize we have laws to protect people, James Holmes does not deserve a "fair" anything, let alone trial. Even if he is certifiably insane ( highly doubtful) he is one of the most loathed hiuman beings on the face of the earth and just doesn;t deserve further free food, shelter, doctors, TV, and everything else one gets in prison.

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alexpomar April 08 2014 at 12:46 PM

LETS SEE... THE LAWYERS THINK THAT MOVING THE TRIAL SOMEWHERE ELSE IS GOING TO CHANGE THE VEREDICT ? THE GUY IS GUILTY , PERIOD .......

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pizzageogh April 08 2014 at 12:36 PM

The fact that our legal system allows a plea of not guilty by reason of insanity for a crime like this is in itself crazy! It only stands to reason that no one in their right mind would walk into a theater and start killing people you do not even know! I do not see any reason he should not also die for his act!

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b.shagnasty April 08 2014 at 12:36 PM

It is rare, but here we have a case before us where there is no doubt,...let me repeat that; There is no doubt that this man did this crime.

He is intelligent, and calculating. He has had a hand in orchestrating the media and the courts this entire time. He's not fooling anybody.

My opinion; The "peers" that he chose to gun down did not get a fair trial, no cross-examination, no appeal.
.....So, as I stated in the beginning; this is a cut and dry case.
I believe that Holmes gave up his right to "fair" when he planned and carried out this execution. Burn him.

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meki1231 April 08 2014 at 12:35 PM

And people in hell want ice water.................

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frankbvt April 08 2014 at 12:33 PM

And as we all know the news coverage of this massacre stopped at the Arapahoe County borders and no where else in America would the defense attorneys be forced to contend with prejudicial news coverage! Why here in upstate New York, this news article is the first I've heard about it, and I really didn't really read it, I just skimmed the headline. Perhaps a trial in a more civilized and humane state, such as Texas, would be more fitting!

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mhodges979 April 08 2014 at 12:28 PM

he is a cold calculating murderer that is trying to string everything out as long as possible. some people just dont need to be on the planet anymore. do away with him quickly.

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ncast23766 April 08 2014 at 12:27 PM

Pal, if the trail is moved to another galaxy, they'll still find you guilty

Flag Reply +3 rate up
Tommy Boy April 08 2014 at 12:26 PM

He's damn lucky he's in a country where he is actually able to go to trial. Many countries would simply have excuted him. Especially when acknowledges he is the shooter. This pieces of sh... truly don't deserve a trial.

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jbdavidson April 08 2014 at 12:24 PM

A $2 bullet will end this problem...........I'm sure they could get thousands of " volunteers ".

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