New email sent by prosecutors to theater shooting survivors

CENTENNIAL, Colo. - Prosecuting attorneys in the Aurora movie theater shooting case have complied with a court order to send survivors a new email clarifying they are allowed to speak with the defense.

District Court Judge Carlos Samour ordered the new email on July 16 after defense attorneys argued that prosecutors had interfered with their investigation. Although the judge denied the other sanctions the defense requested, he did order the clarifying email be sent "out of an abundance of caution."

The email, sent by prosecutor Lisa Teesch-Maguire, includes this bolded and underlined passage:

"To the extent that the original e-mail could have been misunderstood (or inaccurately inferred) to imply that there is no need to talk to the defense (or other individuals working with the defense) because the prosecution offers the same types of services or the same types of benefits that the defense might offer -- that is not the case. It is your choice to decide whether or not you would like to speak with the defense (or other individuals working with the defense) about any topic that you want to discuss."

It goes on to remind the recipients that anything they say about the case, in conversation or correspondence, may potentially be used in court during the case.

Also Thursday, Judge Samour issued an order denying the defense requests to require prosecutors to share information about witnesses and "victim impact evidence." The judge said the motion lacked merit.

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