The judge overseeing the Aurora movie theater murder trial on Monday reaffirmed his order for a new psychiatric evaluation of the gunman in a series of rulings that reveals escalating tensions between the judge and the defense.
In three orders issued Monday afternoon, Arapahoe County District Judge Carlos Samour rejected a defense bid to cancel the second exam for James Holmes. Samour ordered the second exam after concluding the first, performed by psychiatrist Jeffrey Metzner, was incomplete.
The results of the first exam have not been released publicly, although it is widely believed by legal analysts that the evaluation found Holmes insane at the time of the shooting.
That is further supported by defense criticism of Samour that Samour revealed for the first time in his orders.
In motions to convince Samour to cancel the second exam, defense attorneys argued that Samour was reading the law “to give the prosecution the guaranteed ability to rebut the insanity defense if the results of the examination favor the defendant,” according to one order.
Defense attorneys also accused Samour of “endeavoring to assist the prosecution’s experts, and affirmatively help the prosecution win its case,” the order stated.
Samour defended ordering the second exam and called the defense criticism “entirely devoid of factual basis.”
“The deficiencies in Dr. Metzner’s examination … deprive the prosecution of a fair opportunity to rebut the insanity defense and jeopardize the truth-finding process,” Samour wrote.
Defense attorneys are expected to appeal Samour’s ruling to the Colorado Supreme Court.
Last week, Samour rebuffed the defense attorneys’ criticism after he labeled several of their motions frivolous.
