Theater shooting defense objects to prosecution's proposal for future search procedure

DENVER - Defense attorneys in the movie theater shootings are objecting to a request by the district attorney's office to ask other judges to issue subpoenas in the case.

In a document filed Wednesday, the defense said outside judges shouldn't make key decisions in the case against James Holmes, who is charged with killing 12 people and injuring 70 in the July 2012 attack.

Prosecutors indicated last week they might want to search for additional evidence or documents. They asked Judge Carlos A. Samour Jr. for permission to request search warrants from other judges.

They said such requests are often made verbally, and they want to avoid the appearance of having an improper private conversation with Samour.

In their written objection to the proposal, defense attorneys write that there are over 75,500 pages, 265 DVDs, 316 CDs, flash drives and Blu-Ray discs of discovery in the case. They argue that Samour is the best informed about the complex case and therefore the best prepared to make a decision.

The defense wrote in the same paragraph that despite the desire to keep other judges out of the process they would still object to any one-on-one communications with Samour.

Holmes pleaded not guilty by reason of insanity. Prosecutors are seeking the death penalty.

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