Movie theater shooting trial delayed again, this time to allow 2 more months for sanity evaluation

AURORA, Colo. - Another scheduled trial date in the movie theater shooting trial will be delayed.

The psychiatrist who will be performing the second sanity evaluation on the defendant is asking for two additional months for the examination.

District Court Judge Carlos Samour wrote in a court order that he has "little choice but to grant" the request the Colorado Mental Health Institute at Pueblo submitted in a letter dated July 7.

The letter and the judge's order were published to the public case files Wednesday.

Accused shooter James Holmes has pleaded not guilty by reason of insanity. He is accused of killing 12 people and injuring 70 others in the July 2012 attack and prosecutors are seeking the death penalty.

Holmes was already examined once at the hospital in Pueblo and while the findings of that exam were not made public, we do know that prosecuting attorneys requested the second exam by a different doctor.

Samour originally scheduled the report on the second sanity evaluation to be delivered on August 15.

CMHIP requested the due date be delayed until October 15, one day after the trial was scheduled to begin.

"The Court will set a new trial date and a new pretrial status conference at the July 22, 2014 hearing," Samour ordered. "At the hearing, the parties should be prepared to address some of the deadlines currently set and the issue of speedy trial."

The letter from CMHIP also notes that the psychiatrist has notified both the defense and prosecution that he will videotape the examination. The letter says the defense objected to this plan.

Samour, however, wrote the issue was "not ripe for resolution" because no motions were made officially to the court.

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