James Holmes case: Key preliminary hearing likely to be postponed until 2013

Lawyers on both sides of the James Holmes case will meet on October 25 as scheduled, but the bulk of their agenda will be postponed, Arapahoe County District Court Judge William Sylvester ruled today. Attorneys for the accused Aurora theater shooter asked to delay the hearing to have more time...

By Melanie Asmar

October 19, 2012

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Lawyers on both sides of the James Holmes case will meet on October 25 as scheduled, but the bulk of their agenda will be postponed, Arapahoe County District Court Judge William Sylvester ruled today. Attorneys for the accused Aurora theater shooter asked to delay the hearing to have more time to prepare. One thing that will be discussed on the 25th: When to hold a preliminary hearing at which more details are expected to emerge.

Prosecutors did not object to postponing argument on two issues scheduled for that date: a hearing to determine who "leaked" information to the media about a package sent by Holmes to his psychiatrist and whether sanctions are warranted, and a discussion about open records requests made by the media to the University of Colorado, where Holmes was a student. Holmes's lawyers argued that media requests are beginning to interfere with the representation of their client.

But prosecutors do want to decide on a date for the preliminary hearing. It was originally scheduled for mid-November but may now be rescheduled for January or February.

Read both sides' motions and the judge's ruling below.

Motion to Continue October 25 2012 Hearing D-019

Peoples Response to D-019 Defense Motion to Continue October 25 2012 Hearing

Order Re Motion to Continue the October 25 2012 Hearing D-19

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Melanie Asmar is a staff writer for Westword. She joined the paper in 2009 and has won awards for her stories about education, immigration and epic legal battles. Got a tip? She'd love to hear it.

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