AURORA | The second sanity evaluation of accused theater shooter James Holmes will be videotaped over the objections of Holmes’ lawyers.
Judge Carlos Samour, Jr. ruled Thursday that the forensic psychologist conducting the evaluation will be allowed to videotape his interview with the man accused of killing 12 at an Aurora movie theater.
Holmes’ defense had argued videotaping the evaluation could hamper Holmes’ memory.
Prosecutors did not object to videotaping the exam.
The doctor who will conduct the exam testified Monday that he typically videotapes his exams and the practice is better than taking notes.
After Holmes’ first evaluation prosecutors asked for a second one because they weren’t happy with some aspect of the initial tests. Exactly what prosecutors weren’t happy with hasn’t been released.
Holmes has pleaded not guilty by reason of insanity. Prosecutors are seeking the death penalty.
Holmes has pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 in the July 20, 2012, attack on a Denver-area theater.
He underwent a mandatory sanity evaluation last year, but the key finding — whether he could tell right from wrong — has not been released.
Prosecutors contended the psychiatrist who conducted that exam was biased. Samour ruled the evaluation was flawed and ordered another, which will take place this summer.
The second psychiatrist has offered to destroy the video after he completes his written report, but Samour ordered him to submit the recording along with his report, with copies to Samour, the defense and the prosecution. The report is due Oct. 15.
The evaluation is not the final word on whether Holmes was insane. Jurors will make that determination, but the evaluation is a key piece of the evidence they will consider.
If Holmes is found not guilty by reason of insanity, he would be committed to the state hospital indefinitely. If he’s found guilty, he could be sentenced to death or life in prison.
No motive for the shootings has been revealed. Holmes’ attorneys have acknowledged he was the shooter but say he was in the grip of a psychotic episode at the time.
The trial is scheduled to start Dec. 8.
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