Tuesday, August 12
DENVER (AP) — Attorneys for Colorado theater shooting defendant James Holmes are renewing their attempt to find out who leaked information to a reporter, or to weaken prosecutors' case if the source can't be identified.
In a motion released Monday, defense lawyers say the story about Holmes sending his psychiatrist a notebook containing violent drawings tainted the jury pool and violated his right to a fair trial.
The story, posted on the Fox News website days after the July 2012 shootings, cited unnamed law officers. Holmes' lawyers argue that whoever leaked the information likely committed perjury by denying it later.
The defense's previous attempts to force the reporter to identify the sources failed.
The defense wants the judge to either bar trial testimony from officers who denied being the source, block prosecutors from seeking the death penalty or appoint a special prosecutor to investigate the leak.