Friday filings change agenda for James Holmes' court hearing Monday

CENTENNIAL, Colo. - Several new documents filed Friday in the theater shooting case have rewritten the agenda for a hearing that was supposed to handle subpoenas relating to James Holmes' mental health evaluation.

On Sept. 13, the prosecution filed two subpoenas calling for files and court appearances from two psychiatrists involved in Holmes' court-ordered mental health evaluation. Another called for mental health records from that evaluation and a fourth called for records from the University of Colorado.

Holmes, who pleaded not guilty by reason of insanity to a total of 166 charges, was a patient of a University of Colorado psychiatrist before the July 20 shooting and was evaluated at the Colorado Mental Health Institute at Pueblo this summer as a result of his plea.

The defense, prosecution and judge received the final report of the mental health evaluation one week before the prosecution filed the broad subpoenas. It was not made public.

Defense attorneys have asked District Court Judge Carlos Samour to quash the four subpoenas. They argue the prosecution is seeking "privileged information that is not subject to the waiver provisions of the insanity statute."

The Colorado Attorney General also filed a motion to quash the three subpoenas pertaining to the Colorado Mental Health Institute at Pueblo. They say the hospital and psychiatrists "have no objection to producing notes," but call the wide net cast by the subpoena "unreasonable and oppressive."

"Requiring [name redacted] and [name redacted] to produce these materials would compromise their professional ethical obligations, violates trade secret and copyright agreements with test manufacturers, and is contrary to the public policy," the Attorney General argues.

Throughout all of these documents, the names of the professionals subpoenaed are redacted from the public copies.

Meanwhile, the defense filed a motion requesting leave to file future motions pertaining to the mental health report. The attorneys did not hint at what they might want to request.

In response to all of these filings, Samour issued orders rearranging the agenda for Monday's hearing. Instead of handling the results of the four subpoenas, he ordered hearings on the three objections from the state hospital and the defense's request for permission to file future motions. The plan for addressing the subpoena applying to the University of Colorado is not clearly laid out in the judge's order.

The judge also ordered that he will hear arguments for extending the deadline for motions relating to the mental health report.

Lastly, part of Monday's hearing will be dedicated to considering a deadline for the submission of witness lists for the trial. 

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