CENTENNIAL, Colo. - The mental health assessment of movie theater shooting defendant James Holmes is completed. An encrypted copy of the document was sent from the Colorado Mental Health Institute at Pueblo to the court Friday evening.
Holmes has pleaded not guilty by reason of insanity to opening fire with several weapons in an Aurora theater on July 20, 2012. He faces 166 charges and the prosecution is seeking the death penalty.
According to a notice, the report and cover letter will not be released to the public, but two copies were made to be distributed to the prosecuting and defending attorneys.
Nine other documents were also posted by the court Monday morning. Among them were three more attempts by defense attorneys to convince the court that the death penalty was unconstitutional. The three arguments all centered on the fact that Holmes was not indicted by a grand jury.
Those three filings are part of the public record and add to a series of such arguments from the defense attorneys, but they will not be considered by the court. District Court Judge Carlos Samour declared the three new arguments unacceptable because they were submitted after an Aug. 30 deadline.
Other new filings contained attorney's responses to previous arguments and a court order granting permission for prosecutors to keep a filing secret. It is the second time Samour has allowed prosecutors to suppress an argument replying to a defendant's request to block testimony about certain forensic evidence from trial.