AURORA | The Colorado Supreme Court will not hear an appeal from James Holmes’ lawyers regarding a second sanity evaluation for the accused theater shooter, the court announced Thursday.
The court also said they won’t hear a separate appeal from Holmes’ defense team regarding witnesses and their families being allowed to attend the trial.
Holmes’ defense had argued that Arapahoe County District Court Judge Carlos Samour, Jr. erred when he ordered Holmes to undergo a second psychiatric evaluation. Prosecutors had argued the first evaluation was inadequate.
The high court also kept Holmes’ petition sealed so the public cannot view the details of the defendant’s case. Holmes is charged with killing 12 people and injuring 70 in a 2012 attack on a suburban Denver movie theater. He pleaded not guilty by reason of insanity.
Because prosecutors are seeking the death penalty, Holmes’ fate likely hangs on whether the jury decides he was insane at the time of the shooting.
Holmes underwent a mandatory psychiatric evaluation last summer. The key finding — whether Holmes was sane at the time of the attack — has not been made public, but prosecutors asked for the second review, claiming the first was flawed.
The court’s decisions Thursday mean the victims will likely be allowed to attend the trial, and Holmes will likely undergo a second evaluation. When that evaluation will be remains unclear as of Thursday.
Holmes is accused of killing 12 and injuring 70 more during a July 2012 shooting rampage at an Aurora movie theater. He has pleaded not guilty by reason of insanity and his trial scheduled for this fall. Prosecutors are seeking the death penalty.
The Supreme Court unanimously refused to hear Holmes’ appeal on the second evaluation. It also rejected by a 5-2 vote a second Holmes request to keep victims of the shooting from watching the trial.