The Colorado Supreme Court has refused to allow some victims of the deadly Aurora theater shooting to obtain copies of evidence from the criminal case to use in a civil suit against the theater owner.
The court order was made public Tuesday.
James Holmes is charged with killing 12 people and injuring 70 in the 2012 attack. He pleaded not guilty by reason of insanity. His trial has been postponed indefinitely while pretrial motions are argued.
Fourteen victims who sued Century Theatres wanted copies of evidence that was displayed in open court. The trial judge refused, saying the publicity could jeopardize Holmes' right to a fair trial.
The criminal trial against Holmes has been postponed indefinitely and the civil trial is scheduled for Feb. 17, 2015.
"This case involves the very unique circumstance where certain exhibits have been suppressed from the public, but those same exhibits are important to the development and proof of the civil case," legal documents state.
The victims are only requesting evidence that has already been shown in open court, according to the filing by their attorneys.
The victims allege Century should have taken steps to prevent the attack. The company has said it couldn't have foreseen it.
"The trial court's failure to provide these victims with the information they seek places them at a significant disadvantage in pursuing their civil claims, and there is no meaningful or timely relief available to them," the victims' attorneys stated.