Colorado Movie Theater Massacre

Holmes’ appeal of sanity exam is secret, for now

This June 4, 2013 file photo shows Aurora theater shooting suspect James Holmes in court in Centennial, Colo. Holmes is returning to court as his lawyers challenge possible trial testimony about computer analysis and data. A judge is set to hear arguments about the issue beginning Thursday, Oct. 10, 2013. Holmes is accused of killing 12 people and injuring 70 when he opened fire on a packed movie theater in the Denver suburb of Aurora in 2012. (AP Photo/The Denver Post, Andy Cross, Pool, File)DENVER (AP) — Lawyers for the man charged in the Colorado movie theater massacre have asked the state Supreme Court to overturn the presiding judge’s order for a second sanity evaluation, but the appeal is sealed.

In documents released Tuesday, defense lawyers confirmed they filed the appeal and asked that the document remain out of the public’s view.

James Holmes pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 in the 2012 attack. He underwent a mandatory sanity evaluation last summer, but the judge ordered another exam after prosecutors complained that the doctor who conducted the first one was biased.

Defense lawyers asked both the Supreme Court and the presiding judge to keep the appeal sealed. Neither court has responded, but the appeal remains sealed for now.

Source: AP

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