Theater shooting defense wants trial of James Holmes moved

Prosecution objects to the motion

CENTENNIAL, Colo. - Attorneys for the Aurora movie theater shooting defendant have filed a motion for a change of venue.

The 39-page request was filed on April 4 but posted to the case document archive Monday morning.

"The impacts of this case on this community are sufficiently complex and deep-seated that they cannot be cured even by individual voir dire," the defense wrote.

Voir dire is the Latin name for the process of questioning and selecting jurors for a trial.

James Holmes, the defendant, is accused of opening fire inside a crowded theater during a midnight premiere on July 20, 2012. 12 people were killed and 70 others were injured.

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

"The pre-trial coverage has included a mostly one-sided detailed history of Mr. Holmes's life that undermines the burden of proof related to sanity," the defense team wrote in their motion.

Holmes' attorneys write in the motion that Arapahoe County was differently affected by this case than any other county in the state. They also argue that the impact of media coverage on the residents of Arapahoe County will make it impossible to empanel an impartial jury.

During the summer of 2013, a ruling issued by District Court Judge Carlos Samour indicated that up to 3,500 potential jurors could be called from Arapahoe County for selection for the trial.

The request notes that the defense conferred with the prosecution about the change of venue request, as required by the court. The prosecution objects to the motion.

Trial is currently scheduled for October 2014.

Print this article Back to Top