Colorado Movie Theater Massacre

James Holmes’ attorneys appeal sanity exam order

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) — Attorneys for Colorado theater shooting defendant James Holmes are asking the state’s Supreme Court to overturn a judge’s order requiring a second sanity evaluation.

In court filings released Wednesday, defense lawyers asked for 30 days to file the appeal, but the judge gave them until May 5, less than two weeks. The judge postponed a hearing that was scheduled to start May 5 so defense lawyers can focus on the appeal.

Holmes has pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 in the July 2012 attack. Prosecutors are seeking the death penalty.

Holmes underwent a mandatory sanity evaluation last year. The judge ruled the first exam was inadequate and ordered a second.

Holmes’ lawyers objected, saying the order is improper and violates Holmes’ rights.

Source: AP

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