Aurora Theater Shooting Prosecutors Agree To Short Trial Delay
By John Ingold | Denver Post
Prosecutors in the Aurora movie theater shooting case have agreed with defense attorneys that the trial should be delayed again.
In a court document filed Wednesday and made public Thursday, prosecutors write that they do not object to "a brief continuance" of the trial. They suggest a new start date in mid-January, about a month-and-a-half later than the current start date of Dec. 8.
Defense attorneys requested the delay earlier this week, saying they need more time to review a critical sanity evaluation of James Holmes that was finished earlier this month. Judge Carlos Samour has not said when he will rule on a postponement.
If a delay is granted, it will be the fifth time the trial has been scheduled. The initial trial date for the July 2012 shootings was in August 2013.
Eighty-four of the 147 victims and victims' relatives who prosecutors surveyed about a delay opposed a continuance.
"I believe this has dragged on long enough and we need to press forward," one victim told prosecutors when asked about a new delay. "The stalling has become taxing and wearing on me emotionally."
But, in their new filing, prosecutors said they agree with the defense that more time is needed. Some materials related to the evaluation won't even be available to the defense until less than a month before the current trial date.
"[I]t is reasonable for defense counsel to request a reasonable and limited amount of additional time," prosecutors wrote.
Forty-six victims and their relatives did not oppose at least a brief delay when surveyed.
"I think after the holidays is better for everyone, jurors included," one told prosecutors.
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