AURORA, Colo. - Aurora will have to publish a version of the city's after response report on the movie theater shooting or appeal the order within 21 days.
The decision, issued Thursday by District Court Judge F. Stephen Collins, dictates that the public copy will be redacted so that it would not cause prejudice in the ongoing criminal case. His decision came in response to a Colorado Open Records Request filed by a graduate student who sought the records for her thesis.
A different judge oversees the criminal case, in which defendant James Holmes has pleaded not guilty by reason of insanity to the shooting. Twelve people were killed and seventy others were injured in the incident on July 12, 2012.
Holmes' trial is currently scheduled to begin in December.
The after action report is described as report reviewing the city's response to the shooting.
The City of Aurora asked Judge Collins to rule on the release of the document because "it was unable to determine whether disclosure of the (after action report) would cause substantial injury" to the criminal case. Even though the graduate student did not attend a court hearing about her request, the judge decided to only conceal sections of the report that he said would cause problems for the trial.
He presented that copy of the document to the city along with his report and it to be released, but gave the city 21 days to appeal.