Defense attorneys in the Aurora movie theater shooting case say the staggering amount of media coverage and unprecedented impact on the community will prevent the shooter from receiving a fair trial.
They’re asking the judge for permission to file a motion to move the death penalty case against James Holmes out of Arapahoe County.
The motion to file the request and the 39-page motion for a change of venue were filed on Friday but not made public until Monday. In the filings, defense attorneys argue that the volume and intensity of the media’s coverage of the case have made the public, and the community where a jury pool may be selected, highly aware of events in the case and details of the investigation — some of which the judge has ruled will not be admitted at trial.
“The pretrial news coverage has been at its best consistent and comprehensive. At worst, the media has been incessant and unrelenting,” the motion reads. “Between local television, newspaper, and Internet coverage, there is not a single aspect of this case that has been open to the public that the media has not reported on.”
A defense expert conducted a review of the media coverage — including local newspapers and television stations — of the shooting, the victims and the murder case against Holmes.
Since the day of the shooting — July 20, 2012 — and November 2013, The Denver Post posted 896 articles, according to the motion. The Aurora Sentinel posted 600 stories since July 2013 and March 31.
Holmes is set to go to trial in October. He faces the death penalty and multiple murder charges for killing 12 people and injuring dozens more inside the Century Aurora 16 movie theater.
Holmes has pleaded not guilty by reason of insanity — an issue his attorneys say has been covered extensively and, at times, inaccurately and with one-sided discussions.
The motion included graphic comments written by readers on stories posted on The Post and Sentinel’s websites.
“Neither the media nor the public has received a fair and balanced presentation of the facts surrounding this case, or of James Holmes and his mental health, based on the information concerning the facts that has been made public thus far.”
Defense attorneys acknowledged their motion may be premature, as there are numerous pending motions and the media coverage will continue before the trial.
But they said the volume of media coverage, the information published by the media and the “unparalleled impact” of the shooting on the Arapahoe County community will prevent Holmes from receiving a fair trial.
An “unprecedented number” of witnesses — 2,600 — endorsed by the prosecution and the percolating effects of trauma and recovery in the community will make it nearly impossible to select a jury, the attorneys said in the filing.
“Unfortunately, the palpable effects of this case have festered within a community surrounded by unremitting prejudicial news coverage,” Holmes’ attorneys wrote. “As a result, prejudgment abounds, including the vilification of James Holmes as evil rather than a severely mentally ill young man.”
In February, Judge Carlos Samour ordered Holmes to undergo a second court-ordered psychiatric evaluation after he ruled the first exam was incomplete and inadequate.
Jordan Steffen: 303-954-1794, jsteffen@denverpost.com or twitter.com/jsteffendp
