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Pool / Getty Images file
Chief Judge William B. Sylvester presides over the accused movie theater shooter James Holmes' first court appearance at the Arapahoe County on July 23 in Centennial, Colo.
The judge in the case of Colorado shooting suspect James Holmes ruled on Monday to keep nearly all relevant court documents sealed from public view, and keep a gag order in place, saying disclosure of records could damage the investigation, and the defendant’s access to a fair hearing.
Arapaho County Court Judge William Sylvester denied most of a legal motion by 21 news organizations to open up the court records on Holmes, who is accused of killing 12 people, injuring 58 more in a shooting spree at the midnight premier of the latest Batman movie at a theater in Aurora, Colo. on July 20.
The consortium, including NBCUniversal Media, was seeking access to a range of records in the Holmes case — including affidavits of probable cause, arrest warrants, search warrants, and request for or court orders for production of records — citing the public’s right of access to public records.
Holmes "stands accused of a shocking mass murder" as well as arming his apartment with explosives apparently intend to kill first responders, said the 85-page motion to unseal the records.
"The public has an obvious and legitimate interest in knowing on a timely basis the actions being taken by the government officials… responsible for the prosecution and trial of the Defendant. Yet, virtually all records now on file with the Court in connection with this case are under seal, entirely unavailable for public inspection."
In its 85-page motion, the media group was also asking the judge to lift a gag order that prevents the University of Colorado from discussing the case. Holmes had recently withdrawn from a PhD. Program in neuroscience when the attack occurred.
That request was denied.
"Simply put, there is a very real potential for untold harm to the case, and that cannot be allowed to occur," Sylvester wrote of university records related to Holmes. "The investigation of this matter continues and the court FINDS that any release of the University of Colorado records at this time would interfere with the investigation and may cause irreparable harm."
There existed "no less-intrusive alternative exists" to the gag order, the ruling said.
The prosecution argued that the investigation was still in its initial stages, and there were still hundreds of witnesses and victims to interview.
The defendant argued for documents to remain sealed, because "this case is precisely the type of rare instance in which pre-trial publicity alone has the potential to actually deprive a defendant of a fair trial," according to the ruling.
Sylvester ruled that he would release some court documents in the case.
Members of the public will have access to a list of documents filed, as well as some submitted by attorneys, including Holmes' defense attorney's request that their own experts be present for scientific testing of evidence, according to the Associated Press, which is part of media consortium seeking to unseal documents.
Steve Zansberg, the attorney representing the media consortium said that Sylvester's partial release of documents brings "much needed transparency to this judicial proceeding," according to a statement cited by AP.
But he added: "We are disappointed that the affidavits of probable cause remain under seal at this time, but are hopeful that the Court will revisit that issue sometime in the not too distant future," it said.
Holmes is charged with 142 criminal counts, including 24 counts of first-degree murder in the attack at the premiere of "The Dark Knight Rises" and possession of explosives.
After arresting Holmes — who had dyed his hair bright red, and referred to himself as "Joker" according to information released by the police at the time — authorities found the suspect's apartment was booby-trapped with a jumble of explosives and incendiary devices set to be triggered by tripwires. It took experts several days to disarm the devices.
No clear motive has surfaced from the limited information that has been made public.
At a hearing last week, lawyers for Holmes asserted that their client is mentally ill.
In Scott Robinson, a Denver defense attorney not connected to the case and a legal consultant to NBC News, says references to Holmes' mental illness by his attorneys and their allusion to a university psychiatrist he had contacted signal that the defense team likely will pursue an insanity strategy.
"By alluding to Holmes' mental problems, it's clear the defense is sowing the seeds for a defense of not guilty by reason of insanity," said Robinson.
Appearing in court last Thursday for the third time since his arrest, Holmes had the same dazed demeanor that he has had in previous court appearances, according to the Associated Press.
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Leave a Comment:
So, Is this judge and ANTI-Gun activist judge?
Does he NOT want us to find out the shooter was an ANTI-Gun freak who committed this crime to advance ANTI-Gun efforts?
We ALL need to see what these copy-cat shooters believed in and supported. Why all the trials when gobs of people witnessed the incident and the shooters admitted their deeds?
Why is everyone gagged from the Tucson shooting and now this one???? Are our governing bodies going to "cover up" every shooter from now on?
WTF....... This is BS on the highest level. Americans are getting sick of this crap.
His honor is not an Anti-Gun activist judge.............
I certainly hope NOT. It would be nice to see a level headed judge who accepts the careful thought used by our founding fathers when they included the 2nd amendment.
Maybe he is also a responsible hunter even though it is not a requirement.
again, frivolous accusations without a thread of evidence. you need to show us proof to back up this crap to be taken seriously.
reeblite, whom are you referring to? In my case, I was ASKING QUESTIONS. How do you see that as an accusation? Maybe you need some reading comprehension courses? No??? Could'a fooled me.
It is so important that the Judge continues the gag orders We live in a country where people are supposed to get a fair trial altho that does not always happen. We need to give everyone their constitutional rights. Do you want to live under a dictator? Wake up folks and read the Constitution.
Green street.... where's the fairness in our constitution for the ripped up shredded dead bodies of the good people who died in horrible fashion. You sicken me and millions of Americans.
You whine and cry about fairness for this piece of crap? Dictator??? What the hell are you talking about? How is getting to the bottom of this shooter motives going to result in a dictator?
We have read and studied the constitution. This scumbag gave up his constitutional rights on the front stage of a movie theatre.
13dev: I get that you see this case as cut & dried, he-did-it-end-of-story, and that seems likely to be true. I even understand your desire in this woefully aggravated case to bypass constitutionally-mandated procedures. Trouble is, who's the one to decide that "...this scumbag gave up his constitutional rights..."? You? I'll pass. Don't take offense. I'd pass on most anyone having that kind of power.
Cagey- B, Thank You for your civil and eloquent point of view. It is appreciated.
However, we seem to be facing a very deadly game of shooter frenzy here and it "just might" be one of those rare cases where we get to the bottom of the cause............. DAM FAST!!!!!!!!!!!!!
Waiting for the slow pace of court proceedings (2 - 3 years) could lead to the death of many good Americans as we choke on our constitution AT THIS DIRE TIME. Tell me sir, will 3 more shootings change your mind?.... how about 12 more?.... how about 50 more?.... just how many need to die?
Would you keep gagging anyone and everyone who might know something about these shooter's motives?????............. Just to make sure they get fair trials???
13dev: As far as your question "...just how many need to die?" is concerned, I'm not at all sure that "your way" would have prevented their dying. I'm not entirely clear what "your way" is, and I'm not on board with line-item vetoes of the constitution, but if you'd care to expend your best efforts at having "your way" prevail, I'd at least admire your strength of conviction. I personally find it a drag to live in fear, so I try to avoid it. There are certain things that are difficult, if not impossible, to protect yourself from. Lightning and maniacs are a couple.
Cagey-B, Thanks again for putting me to the test and asking me to explain "my way." Actually, I wasn't pushing for anything to be "my way."
I was concentrating more on the urgency of "discovery" that might prevent even more shooters from appearing out of nowhere to kill. I don't think future shooters, if they exist, are going to wait for the results of the Holmes trial before they kill again and again.
Knowing that to be quite plausible, I "support" the idea of finding out more and more about these different shooters and NOT gagging everyone who "may have" real time information that might prevent more killing.
Giving more and more people a chance to come forward with information to the public is better than hiding it in a court building. More eyes and ears on the ground ......... may lead to FASTER discovery, and therefore FASTER prevention.
Here's a reasonable scenario,... If the Tucson shooter and the Aurora shooter both belonged to "Ziggie's ANTI-gun Club" it might be known faster by the public than two separate investigative teams. Furthermore, to hide that information from the public might prevent the names of 300 MORE potential "Ziggie shooters" being exposed and thereby "sounding the alarm" to protect what would have been MORE VICTIMS.
It's not a "my way" thing. It is all about shedding the light of truth on evil doers as FAST as POSSIBLE.
Go ahead and punch holes in that if you will.
13dev: I'm not looking, certainly, to "punch holes" in your deeply-held convictions. While it's often the case that citizens seeking the truth can uncover much that's of value, it's just as often that a lie goes around the world while the truth is still pulling its pants up ( or something like that ). I'm just concerned that the unfettered pursuit of ( everyone's version of ) "the truth" can turn up packs of lies as well.
Thanks again Cagey-B, I do like your style. The truth is pulling it's pants up!!! LoL That is the good stuff. I will have to remember that one.
Concerning your last sentence................... "A 16 ounce gold nugget pulled from a days sift'n through 10 tons of dirt was worth every drop of sweat."
Gold is at $1,620 per ounce right now!!!!! I'm try'n to match your eloquence but coming up short. It's bedtime for this old man (64).
Bring out the water board. He will start talking,screaming and more talking. Put all these POS's on their own little island and let them fend for them selves.
BINGO........... and Right ON to the busdriver.
Whoever said that our legal system was bullet proof. I submit that grave moments require instant solutions.................. to save lives.
Does a "fair trial" for a whacko shooter trump the prevention of deaths to innocent men, women, youths and little children?
got any ideas on how to change these laws? that's what you have to do not to have these be civil rights violations. a no rights for the wackos who don't take their medication law? how about making a law that schizophrenics have to show up to a state run clinic where technicians literally put their pills in their mouths and watch them swallow? or have injections? money well spent, i say. may save some lives, save court costs and jail costs. how about money spent on testing our drinking water to see exactly how many, what and how much pharmaceuticals are showing that we are consuming on a daily basis and how to stop it, before we're all schizophrenic.
reeblite, You win on that one. Good Job and good night."
He needs to do one decent thing in his life....hang himself in his cell.
It takes time to build a case, and complete the investigation. The media circus and sensationalism have fueled the fire of curiosity. The judge is right to deny the media access to sealed information.
If there is an accomplice sharing information would hurt the case and prevent law enforcement from performing thier job.
James Holmes does not need any more media attention, the victims families have expressed views for privacy and not to promote this individual. I'm sure they are also interested in justice and due legal process so that this person gets a fiar trail.
The media is using this story and others to create fear and promote a political adgenda. There is a bias in reporting and people are making money off of the feeding frenzy that is being created. We don't need copycats.
Certainly we don't need the level of misinformation to date.
D, I submit to you as I said above..........................
We seem to be facing a very deadly game of shooter frenzy here and it "just might" be one of those rare cases where we get to the bottom of the cause............. DAM FAST!!!!!!!!!!!!!
Waiting for the slow pace of court proceedings (2 - 3 years) could lead to the death of many good Americans as we choke on our constitution AT THIS DIRE TIME. Tell me sir, will 3 more shootings change your mind?.... how about 12 more?.... how about 50 more?.... just how many need to die?
Would you keep gagging anyone and everyone who might know something about these shooter's motives?????............. Just to make sure they get fair trials???
I think it has a lot to do with Arapahoe County. It is a very big, diverse county. It goes from the city of Aurora to the little dinky towns on the plains of Eastern Colorado. To try and pull a jury from that area is going to be a real challenge especially with all the misinformation that can form.
What? We have an Intelligent Judge? Gracious, we haven't had one of those in decades.
Sometimes a nut with a gun is just that. It seems that nuts have computers too. Do you people wonder why the TV flashes between shots? Or was that flicker on the computer a government employee screwing with you? I cannot imagine the night these witnesses had that one night, but I can guarantee you I would not trust my own account of that night if was there, much less the guy next to me. It would take a calm perceptive person to get half the stuff right, much less what actually happened. I do believe that this trial should be held in the court, but I don't see how they will find a partial jury.
Don't blame the media too bad, If you want to know why they want to know all the details just look at 3/4 of the post here. Paranoid little people need blood so they can survive another day. Sick, sick, radical organizations, government plot, man getting phone call, leaving so as not to disturbe other patrons in now part of big plot, someone in movie said that they heard from someone who heard from someone, that heard it from someone else that there was some else in the lobby. The media needs to read these post and forget printing anything real (not that they do anyway). The media only prints their views not the facts, normal people can read it and make up their own minds, but ask 10 people about something printed and 8 will recite the news article as if was the facts. If you read something and it doesn't make you question it, then you didn't read any news, you read someone opinion and that should make you question even more the truth of the matter.
Dr K, ..... Thank You
Very well stated. You made me realize something here.
Almost ALL of us who are posting here do not have all of the answers to this recent spate of shootings................ But we dang sure want some answers.
Whether we agree or not, NONE of us like the way things are going.
Thank You.
At this "Point-in-Time".....in THIS SITUATION....I wholeheartedly AGREE with this Judge.
I believe he is protecting our "Civil Liberties" as well as the "Investigation" from the MORALLY-DEFICIENT and UNCONTROLLABLE Press.
I am Fully Apreciative of "Freedom-of-the-Press" ...HOWEVER...If the "Press" is to be "FREE"....then THEY MUST use Common-Sense CONTROL over themselves...WITH FAIRNESS....
The "Press" has consistently exhibited the inability to do this.....
THEREFORE....THEY have put Themselves in the position of "unreliable gossips".
They have NO LEGITIMATE COMPLAINT !!!
blah, this just gives "Holmies" and government conspiracy nuts more fire power
I wonder if some of those concealed documents reveal the fact that the weapon(s) used in the attack were part of the arsenal cache that were walked by OBAMAs DOJ / ATF to Mexico under Fast & Furious. Just ax'n?
LoL Pontifex, I was wondering when someone would lighten the mood. Good job.
For me, I have made some huge blunders in my life that I wish I could take back or re-do. I am pretty sure the folks who tried and then blundered the Fast & Furious deal would take all of that back in a New York second............... but they can't, so they will live with a crown of thorns as I am too.
May God rest the soul of our brave agent who died in this case.
NOW, what about all of those dead splattered bodies in that Aurora theatre? Who will be wearing the "thorns" after more people die at the hands of more shooters before that trial is over with?
Maybe......... just maybe......... we need answers NOW.
The only way OBAMA can stave off a complete and utter election humiliation of himself and the DEMONCRAT PARTY is to DUMP BIDEN and run with HITLERY ... OBAMA will LOSE ANYWAY but the damage may be less. The only question here is would HITLERY want to subject herself and SLICK WILLY to the abuse. Just say'n.
where was God during the Aurora massacre. can some one give me a realistic, sensible, logical answer, please/
please? thank you
Trying to make some sort of God isn't real statement? Bad people do bad things to good people every day. At no point did God or anyone else say they would protect you or anyone else from any kind of harm in this life. No one ever said it would be easy here either.
I know that this is off topic. But I can't help myself.
Fox News has an article saying the Zimmerman WILL NOT use the STAND YOUR GROUND DEFENSE!! I wonder why NBCNEWS hasn't picked up on that yet. Uninformed people are easy to lead I recon.
Cover up. That's all it is. Someone is afraid that too much info will get out, and holes will appear in the story. At THIS point, does anyone think the boy will receive a fair trial? We're already waaay past that point. Hiding information is wrong, pointless, and allows control of the direction the story is led.
Hiding information? Who says your entitled to know anything about this case? If you aren't on the Jury its none of your business till after the trial.
OK someone, You could be dead wrong in this "PUBLIC SHOOTER" case.
There is an ominous and well known threat in this country concerning public mass shootings. For any court or gov't entity to hide information that might prevent more mass shooting deaths is possibly treasonous or at least grounds for civil lawsuits.
Judges, attorneys and gov't officials are NOT above the law. They can be prosecuted just like anyone else can.
This public shooting thing is ripe for serious change in current law. It's a far cry from a court case where people were killed in a traffic accident. We are talking about public and national safety.
i think the judge did the right thing with the gag order and witholding documets from the public until later on
Helen......... ONE more time.............
We seem to be facing a very deadly game of shooter frenzy here and it "just might" be one of those rare cases where we get to the bottom of the cause............. DAM FAST!!!!!!!!!!!!!
Waiting for the slow pace of court proceedings (2 - 3 years) could lead to the death of many good Americans as we choke on our constitution AT THIS DIRE TIME. Tell me Ma'am, will 3 more shootings change your mind?.... how about 12 more?.... how about 50 more?.... just how many need to die?
Would you keep gagging anyone and everyone who might know something about these shooter's motives?????............. Just to make sure they get fair trials???
Not sure what you are getting at 13dew..... They aren't gagging anyone that has information... They are gagging people that know information.
Pepster, it might not be too smart for a judge to gag someone who might know something that will prevent eminent deaths by the next public shooter.
If the "gagged" person has no idea his/her information could prevent multiple deaths next week.......... why not let them speak and save some more lives??? Is there no urgent concern for future victims?
Dang it.... all kinds of evidence is thrown out of court or not used in a trial. Trials can take 2-3 years, even for an evil shooter like Holmes. It's all about judges and attorney's getting their piece of the taxpayers money.
You people who want to blame the Government, another helper, THE GUN, God, anyone else......there is only ONE PERSON to blame......HOLMES.
It was HOLMES WHO KILLED, not a gun, people!!!!
I think it was staged. But then again I always wanted the excitement of working in clandestine services so maybe I'm just seeing what I want to see. GO USA!
I absolutely adore all the wanna be sleuths, judges and psychological professionals on this forum. It's amazing.
Read Dr Ks post above. You might change your mind.
I agree with I3dev, don't bother commenting if you're just going to critisize other's comments without any argument. BTW I have no idea who Dr. K is. :)
Shoot the evil man after he faces all the families he robbed of their loved ones- he is full of hate.
James Eagan Holmes is guilty. There is no doubt about that.
His best hope is insanity defense similair to the nut cases that shot Ronald Reagan and John Lennon.
Don't watch the news! It's mind control! 16 minutes of murder, drug overdose, rape, kidnapping, DUI, arrest and other horrors, then 4 minutes of sports, 2 minutes of weather(which is wrong 50% of the time), 30 seconds to end the garbage with a nice story and 7 min 30 seconds of commercials! The most obvious case of mind control was the presidential elections of Bush and Gore. Every station had Gore winning, Fox says Bush is winning and the rest is history! We, you me the average bear will never know unless you witnessed yourself the counting of the votes! Sorry but, I believe after that election, that all elections are nothing more than ploy to make Americans feel good about being part of the process, when really the president is hand picked! You may have hear the stories or saying of "THEY" think they know better for us than we do? The super rich that really run this country? Do you really think if they have all this money and think they are better than you and know whats best for you that they are going to allow you to actually choose who becomes president? Not!!! I do believe a lot of what's out there is nothing more than a conspiracy theory but in many cases there are just way to many coincidences to say it is a coincidence! Besides the coincidences, Look up Woodrow Wilson, this is a former president that even admitted to selling this country out to the bankers by enacting the central banking system. Enough said!!!!
Your comment is way too long, but I do agree that there are way too many commercials on TV these days, especially when it's no longer free and about 45USD per month on the average :)
Personally I dont think any info should be released by the media in ANY instance of a crime. No names no speculation. Nothing other than the most basic of facts. With todays media most cases are tried in the court of public opinion before most people have any clue what really happened. Based completely off of hearsay.
I completely agree.
someone: excellent points, although I wouldn't necessarily restrict information so severely. In addition to the lynch-mob mentality you allude to, there's danger of evidence being compromised in the name of "the public's right to know ( RIGHT NOW! )".
Cagey, that's an interesting question. "The public's right to know" versus the defendant's right to a fair trial.
With high profile media cases, the defendant's right to a an impartial jury is severly tainted.
I don't believe in the Florida "sunshine transparency".
I also think that the high profile media tainted the jury in the OJ Simpson case. And now the murderer is free to brag about it. Even though he is in prison for an unrelated charge translated as Karma.
johnbarker: Yes to all points. Evidence, if it's to have value, is not to be sped-through, indiscriminately dished out to all gawkers and media papparazzi, or tainted by any egomaniac looking to get his/her mug on TV.
The mass murderer caught with gun in his hand and bombs and other ammunition in his apartment sure needs fairness here; that's what the legal system is for
What is wrong with all you people - All you seem to care about is the killer and not the victims. This is cut and dry - He did kill all these people, and whether he is insane or not, he needs to be taken out of society for the rest of his life - possibly put to death. Why all these complications, issues and arguments at this point. This does not have to be a lengthly expensive litagation problem! Smells like bleeding heart liberals with nothing else to do.
I agree with you that this person does not deserve to be free ever again, but I do not believe in "legal execution" of humans anyway.
I think that Texas is going to have a real problem in the future with their mandated and quick executions.
There is almost no countries that accept capital punishment these days exccept for some primitive countries.
China executes politicians that steal 50 thousand dollars,.
But is that the kind of country you want to live in?
China executes people on the drop of a hat. That is not a joke.
Johnbarker, scroll half-way up this page and find the post by...........
Drkegle .... same as the DrK I mentioned.
I think you will agree with him as I did. He posted at 11:06 PM