News organizations seek Colo. shooting documents in court

Aug 9, 2012 6:56am

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(NECN/NBC News: Leanne Gregg) - In Colorado, the man accused of one of the worst mass murders in U.S. history will be back in court Thursday, while attorneys argue about the release of information in the case.

Twenty-four-year-old James Holmes is accused of opening fire in a crowded theater in the Denver suburb of Aurora, killing 12 people and injuring 58 others.

Attorneys will weigh the public's right to information about the case, and how release of that information could affect justice as James Holmes faces more than 140 felony counts in connection with the July shooting rampage.

During this court appearance when James Holmes was read his rights, Judge William Sylvester issued a sweeping "gag" order.

Thursday, attorneys representing 25 media outlets, including NBC News, will argue that information about his case is too tightly controlled.

Judge Sylvester's ordered that information regarding Holmes and the investigation be sealed. Documents likely include clues about events leading up to the shootings, including the suspect's mental state, a key factor in the case.

And that lawyers, law enforcement and anyone involved in the case can't talk about it publicly.

The University of Colorado where Holmes was a neuroscience graduate student is also banned from releasing public records relating to his year at the college.

"It's the unusual high profile case that causes problems for the court.. And judge Sylvester's response? Shut down the flood of information that goes to the public. Of course when you shut down a flood, often what you get is leaks," said Legal Analyst Scott Robinson.

A motion filed by media attorneys say, "the public has an obvious and legitimate interest in knowing on a timely basis the actions being taken by the government officials, law enforcement agencies, prosecutors and judges responsible for the investigation, prosecution and trial of the defendant."

Holmes' attorneys will argue that disclosure would compromise the investigation, taint a jury pool and endanger justice.

Leaks about the case have led to confirmations that Holmes had been seeing a psychiatrist at his university before the rampage and that he sent her a notebook that detailed his plans for the attack. The psychiatrist reportedly told university officials she had concerns about Holmes.

An internal investigation is underway and the university has hired attorneys to represent the psychiatrist and a campus police officer.

In Aurora, where the nightmare unfolded, students are back in class. Schools re-opened Monday.

They are re-establishing routines, but, three weeks after the massacre, nowhere near, "back to normal," as the legal process moves forward.

Unlike Holmes' first court appearance, no cameras will be allowed Thursday.

It is unknown if Judge Sylvester will rule on easing the gag order during Thursday's hearing or issue his ruling at a later date.

Holmes is being held without bail here at the Arapahoe County Justice Center.

Tags: gag order, aurora colorado, james holmes, Leanne Gregg, colorado movie massacre, the dark knight shooting,media outlets, judge william sylvester

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