Thursday, August 9, 2012

Aurora theater shooting suspect mentally ill, attorneys say

Pool / Getty Images file

James Holmes, during his first court appearance at the Arapahoe County Courthouse in Centennial, Colo. on July 23.

By Kari Huus, NBC News

At a court hearing Thursday in Centenniel, Colo., lawyers representing movie theater mass shooting suspect James Holmes said their client is mentally ill, the Associated Press reported.

Holmes' lawyers made the disclosure at a hearing in which a coalition of news organizations argued for the judge to unseal documents related to Holmes, the suspected shooter in the July 20 rampage in an Aurora, Colo., theater that killed 12 people and injured 58.

Holmes had the same dazed demeanor that he has had in previous court appearances, according to AP.


So far, nearly all records on file with the court in the case are under seal — off limits to the public — with just a few exceptions allowed by 18th Judicial District Chief Judge William Sylvester.

Sylvester did not rule Thursday on the motion to unseal the documents.

Holmes is accused of 24 counts of first-degree murder for the 12 victims shot during a midnight premiere of the Batman movie "The Dark Knight Rises." Holmes is also charged for possession of explosives after police found his apartment was wired booby-trapped with a jumble of explosives and incendiary devices set to be triggered by tripwires. It took experts several days to disarm the devices.

The 85-page motion argues that the public has "an obvious and legitimate interest" in actions being taken by government, officials in the case.

"This status quo violates the public’s constitution right of access to the records of criminal prosecutions and undermines our nation’s firm commitment to the transparency and public accountability of the criminal justice system," the document argues.

Opening the records would give the public a much more complete picture of the proceedings against Holmes, 24,  who had recently withdrawn from a graduate program in neuroscience at the University of Colorado.

Attorneys for Holmes have argued to keep Holmes’ case file under wraps, saying that release of information could affect their client’s ability to get a fair trial.

According to the Denver Post, in Thursday’s hearing media would also seek Sylvester's clarification on a gag order that prevents attorneys on both sides and law enforcement officials and University of Colorado personnel from discussing the case.

Attorneys filed the motion on behalf of 17 media organizations, including NBCUniversal Media on June 22.

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