Update: Aurora theater shooting witness-victims won't be barred from watching trial

Andy Cross/Denver Post
James Holmes in court in June 2013.
Update: The Colorado Supreme Court has declined to hear the petitions filed on Monday by James Holmes's attorneys. Read the high court's (brief) orders at the end of this post.

Original post: Attorneys for Aurora theater shooting gunman James Holmes have filed two petitions with the Colorado Supreme Court. One seeks to overturn an order that Holmes undergo a second sanity evaluation. That petition has been filed under seal.

Another asks the high court to reverse a ruling that victims who are also witnesses can watch the trial. In that petition, which is not sealed, Holmes's attorneys argue that allowing the victims to hear testimony will re-traumatize them and influence the way they testify.

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James Holmes's lawyers object to second sanity evaluation

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Andy Cross/Denver Post
James Holmes and defense attorney Daniel King in court in June 2013.
Lawyers for Aurora theater shooting gunman James Holmes have until May 5 to ask the Colorado Supreme Court to review a decision by Judge Carlos Samour to have Holmes undergo a second sanity evaluation. Samour ordered the second evaluation after prosecutors alleged that the first one, done last summer, contained "numerous deficiencies" and that the psychiatrist who conducted it had an "unfair bias."

But Holmes's lawyers don't think that having him evaluated again is fair, either.

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Alison Michelle Ernst, Hillary Clinton shoe thrower: Misinfo in ties to James Holmes case

Big photos, videos below.
Last week, Alison Michelle Ernst hurled a shoe at Hillary Clinton while the latter spoke at an event in Las Vegas. Afterward, the press found a tie between Ernst and the case against Aurora theater shooter James Holmes, and it's legit. However, major outlets such as the Associated Press are reporting that Ernst filed bizarre motions in the matter, with one claiming that Holmes had invaded her brain. That's wrong, and we bet the misinformation thrills the real man behind the document: Jonathan Lee Riches. Here's the twisted story.

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James Holmes's attorneys ask judge to move theater shooting trial out of Arapahoe County

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Should the trial of Aurora theater shooter James Holmes be held in Arapahoe County, where the crime occurred? No, say Holmes's attorneys. In a motion made public this week (and on view below), they request a change of venue, arguing that the citizens of Arapahoe County have a "unique and tangible connection to this case" that would make it difficult for them to be impartial. In addition, Holmes's attorneys say, the "massive, pervasive and prejudicial" media coverage of the case -- much of it focused on the suffering of the victims -- has tainted the jury pool.

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Captain America: The Winter Soldier screening tonight to benefit Aurora shooting victims

Trailer below.
In the immediate wake of a tragedy, donations often pour in. That was certainly the case with the 2012 Aurora theater shooting, after which people from all over the country donated millions of dollars for the victims. But that money has since been disbursed -- and not every victim benefited. To fill in the gaps and address ongoing needs, charities such as Aurora Rise continue to host fundraisers. To that end, Aurora Rise is sponsoring a charity screening of Captain America: The Winter Soldier tonight at The Movie Tavern in Aurora. Get details and more below.

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Aurora theater shooting: Court spokesman's tweets didn't violate gag order, judge says

Rob McCallum on Twitter.
In a motion that quotes liberally from Twitter, defense attorneys for Aurora theater shooting gunman James Holmes asked the court this week to order Colorado Judicial Branch public information officer Rob McCallum to comply with a gag order in the case. Their main complaint? That McCallum uses Twitter to disseminate public information, such as the dates of court hearings. They also complain that McCallum exchanged "jovial Tweets" with one of the prosecutors. In an order (on view below), Judge Carlos Samour found that McCallum did not violate the gag order.

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James Holmes case: Second sanity exam postponed until judge rules on objections

Andy Cross/Denver Post
A second mental evaluation of Aurora theater shooting gunman James Holmes will be postponed until objections raised by Holmes's attorneys have been resolved, Judge Carlos Samour ruled this week. Samour's order (on view below) is in response to three motions filed by the defense on March 14 asking Samour to reconsider his decision to order Holmes to be evaluated a second time because the first evaluation was "inadequate." The details of the defense's arguments are unknown, however, because the three motions were filed under seal.

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James Holmes case: Will U.S. Supreme Court weigh in on whether Fox reporter should testify?

Jana Winter.
Attorneys for Aurora theater shooter James Holmes have appealed to the U.S. Supreme Court to compel Fox News reporter Jana Winter to reveal her sources in court. Specifically, they're asking the high court to overturn a New York appeals court ruling that Winter, who is based in New York, is protected by that state's shield law. Holmes's attorneys want to know who violated a gag order in the case by speaking to Winter about the alleged contents of a notebook that Holmes mailed to a psychiatrist before the shooting.

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Aurora theater shooting trial set for October 14, but could it be delayed again?

Andy Cross/Denver Post
Aurora theater shooting gunman James Holmes has a new trial date: October 14, 2014. But that date, which is already a postponement from Holmes's original February trial date, could be pushed back again.

At a court hearing this morning, Holmes's defense attorneys indicated that they plan to challenge a ruling issued by Judge Carlos Samour last week that grants prosecutors' request for Holmes to undergo a second mental evaluation pursuant to his insanity plea. In his order, Samour called the first evaluation "inadequate."

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James Holmes case: Doctor who examined theater shooter felt "blindsided" by bias claims

Andy Cross/Denver Post
The judge in the Aurora theater shooting case has ordered gunman James Holmes to undergo a second mental evaluation by a different psychiatrist. Holmes was first examined last summer by Dr. Jeffrey Metzner. But prosecutors alleged that Metzner's evaluation contained "numerous deficiencies" and that the doctor himself had an "unfair bias." Last Wednesday, Judge Carlos Samour ruled that Metzner's evaluation was indeed "inadequate." Samour's written ruling also contains several other interesting facts.

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