AURORA | Accused Aurora theater shooter James Holmes is due in court Monday for the 14th day of jury selection and a hearing on videotape evidence from the Arapahoe County jail.
Holmes’ lawyers are asking Judge Carlos Samour Jr. to bar the video evidence from trial, arguing that jail staff should have turned it over to them sooner than last month. Details about what the video shows and when it was filmed have not been released, but Holmes’ defense team have asked that if the evidence isn’t barred, that the trial be delayed so they have time to figure out what to do with it.
Prosecutors don’t dispute that jail officials should have turned the videotape over before last month, but they said the prosecution should not be punished for the jail’s mistake.
Monday will also mark the final day of the initial phase of jury selection in Holmes’ trial. The group of 130 prospective jurors expected to report to court Monday afternoon will be the last wave to make their initial appearance. Since jury selection started Jan. 20, about 3,510 jurors have reported for the initial phase of jury selection, which includes filling out a lengthy 75-question juror questionnaire. Of those jurors, close to half were released as of Friday afternoon.
The next phase of jury selection is set to start Wednesday and will include individual questioning of 12 jurors each day for the next 16 weeks. Opening statements in the trial are expected sometime in May or June.
Holmes is accused of killing 12 and injuring dozens more during a July 2012 shooting rampage at an Aurora movie theater. He has pleaded not guilty by reason of insanity and prosecutors are seeking the death penalty.