A view of the jury box inside Courtroom 201 on Thursday, Jan. 15, 2015, where jury selection in the trial of Aurora movie theater shootings defendant James Holmes is to begin on Jan. 20 at the Arapahoe County District Court in Centennial, Colo. Jury selection is expected to take several weeks to a few months. (AP Photo/Brennan Linsley, pool)

CENTENNIAL | The judge in the Aurora theater shooting trial criticized the defense team for what he called “aggressive” questioning of prospective jurors on Monday.

Judge Carlos Samour said questioning from two of the five lawyers on the defense — Rebekka Higgs and Katherine Spengler — often resembles a cross examination and results in “unreliable” answers from badgered jurors.

Samour’s comments came after the defense asked that a juror be dismissed because he said he would be leaning toward a death sentence in a case like this.

Samour said the man’s answers were the result of confusing questions from Higgs, and the judge said Higgs found a crack in the man’s statements and hammered on it like a lawyer cross examining a witness.

“She tripped him up, and she got a hold of that answer and pinned him down,” Samour said.

He said Monday’s questioning was just the most recent incident where the defense has aggressively questioned prospective jurors.

“I don’t believe it is fair questioning,” he said.

Samour said two of the lawyers on the defense team, Tamara Brady and Daniel King, do a good job of asking fair questions, but he said Higgs has repeatedly been unfair. He didn’t mention Spengler by name but he has said before that her questions leave jurors confused.

Neither Higgs nor anyone else on the defense responded to Samour’s criticism. They have said before in court filings that they believe Samour, a former Denver prosecutor, is biased against them and even asked him to step down from the case. Samour has refused.

As of Monday afternoon there are 107 jurors — including the man Higgs questioned Monday — scheduled to return to court for group questioning next week. Samour has said he wants about 120 people for that session, but reaching that figure in the next four days could be tough.

Accused shooter James Holmes sat quietly during the hearing Monday, reading a book printed out on printer paper.

4 replies on “Judge in Aurora theater shooting trial says two defense lawyers badgering potential jurors”

  1. This defense team is way over-board. They should not be allowed to drag this on any further. Look at the Boston bomber case – already done. These lawyers are burning tax payer money. This is ridiculous!!!

    1. 5 attorneys? fees times 5? let’s get this trial going and over with. DA wrong to insist on death penalty. . even if jurors sentence shooter to death, it wont happen.

  2. Do you know how many lawyers it takes to shingle a roof? It depends on how thinly you slice them.

  3. If you had a hundred lawyers buried up to their necks in cat sh*t, do you know what you’d have? That’s right… not enough cat sh*t.

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