Aurora movie theater shooting: Judge to issue ruling this week regarding second mental health exam

Defense may appeal ruling on reporter Jana Winter

The judge in the Aurora movie theater shooting trial is set to rule this week on whether hearings about the suspect's second mental health exam will be closed.

The judge set that hearing for the end of January, 7NEWS Reporter Marshall Zelinger reported from court Wednesday. Four experts will be called to testify.

The findings of the first evaluation haven't been publicly disclosed, but longtime Denver defense attorney Dan Recht said it is highly unlikely prosecutors would ask for another exam if the first one found Holmes was sane.

James Holmes pleaded not guilty by reason of insanity to charges of killing 12 and injuring 70 in the July 20, 2012 shooting.

Also revealed in court Wednesday, the defense said it is considering going to the U.S. Supreme Court to overrule the New York court which protected Fox News Reporter Jana Winter from having to reveal her sources.

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