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ARAPAHOE COUNTY, Colo. - The judge in the Colorado theater shootings case has told a doctor not to video-record the second sanity evaluation of defendant James Holmes, at least until a hearing on the matter.
The judge issued the order after defense attorneys objected to the planned video recording. The judge plans a hearing this week, but hasn't set a date.
The state mental hospital has said the doctor routinely video-records his examinations but didn't say why. He offered to withhold the video from both sides.
Holmes pleaded not guilty by reason of insanity to charges of killing 12 people in the July 2012 attack. Prosecutors are seeking the death penalty. The trial date has been delayed pending this second sanity evaluation.
Holmes underwent a mandatory sanity evaluation last summer, but according to court documents, the judge concluded that the first evaluation of Holmes conducted by the Colorado Mental Health Institute at Pueblo was incomplete and inadequate.
No other details from the first exam have not been made public.
The judge granted prosecutors' request for a second evaluation but said it should be done by another doctor at the state hospital, not by doctors chosen by the prosecutors.
If jurors eventually decide Holmes was insane, he would be acquitted of the crimes and committed indefinitely to the state hospital. If they decide he was sane, he could be convicted and sentenced either to be executed or spend life in prison without parole.
Holmes' attorneys acknowledged that he was the shooter. The case now hinges on whether he was insane.