AURORA | Lawyers for accused theater shooter James Holmes want the judge to toss the death penalty as possible punishment amid ongoing concerns about an apparent law enforcement leak to a Fox News reporter in the days after the shootings.
In a motion released Monday, the defense argues that the leak of information about a notebook Holmes mailed to his psychiatrist right before the July 20, 2012, shootings violated a judge’s order and Holmes’ right to a fair trial by sharing crucial evidence with the public.
The defense asked the judge to either scrap the death penalty, bar more than a dozen officers who saw the notebook from testifying, or appoint a special prosecutor to investigate the leak.
Prosecutors objected to the measure, the defense said.
Holmes’ lawyers have argued since 2012 that a law enforcement violated the judge’s gag order and possibly committed perjury when they leaked information about the notebook to Fox News reporter Jana Winter. The defense tried to compel Winter to disclose who her source was, but a judge in her homestate of New York ruled against the defense and said New York law barred the defense from forcing her to disclose the information.
Holmes is accused of killing 12 and wounding dozens more in the shooting rampage. He has pleaded not guilty by reason of insanity.
Oh, really, gimme a break! There’s dirt on the ground, that’s also a good reason to drop the death penalty. How about the sun comes up in the east, is that a good reason too?
This judge is pathetic.
The judge should have said, “we’re going to trial in 16 months. I need all motions within 8 montths.”
Trial would have been over by now.
This “defense team” ought to be disbarred. They are unethical, lying, downright pathetic so-called professionals.
Sowing the ground with appeal seeds . . . seeing what takes root.