This was my senior quote. How me
December 17th and 18th Hearing still Scheduled for P-67 & P-68
In regards to some posts I have seen saying that the December 17th and 18th dates are being rescheduled..they are not. The defense has simply requested they be changed because a witness is not available.
Samour is keeping the dates of the 17th and 18th to discuss P-67 and P-68 and will schedule an additional day if need be, when all the parties are available and the witness can attend as well, and that date is TBD.
The 17th and 18th of December are still set to discuss the Prosecutions request for an additional partial sanity exam as of December 8th 2013 unless Judge Samour rules any further on it.
Document regarding this can be seen at the below link:
James Holmes Defense Team wants upcoming hearing CLOSED entirely to the public and the media
On December 6th 2013 James Holmes defense team filed a motion requesting that the upcoming hearing regarding the prosecutions request for an additional but limited sanity exam done by their own hand picked examiners be closed off from the public and media.
The original date for this hearing was December 17th and 18th but due to witness availability it has been rescheduled.
When the hearing does happen the defense is arguing to have it closed off due to the “nature of the subject matte being discussed”
Tamara Brady and Daniel King, members of the defense, claim that the information that would be unavoidably shared at this hearing would do damage to James Holmes right to a fair trial by an impartial jury.
It hasn’t been said whether the exam found him sane or not, but either way, it would leave potential jury members able to hear partial or even incorrect information reported through the media and news regarding James and the exam and taint their minds regarding the case.
The defense argues that the public does NOT , in this case, have the 1st amendment right of access when the proceedings are related to the defendants mental health and sanity exam. They go on to quote multiple cases, most from Press/Media outlets.
They state that only “more harmful pretrial publicity” can come of allowing the public and media into this hearing. With that said the defense must believe that there has already been damaging information reporting on Holmes. What exactly that is they do not specify.
The defense is accusing the media of just seeking access to “attention grabbing headlines” and it would be counter productive to keep all the documents and transcripts regarding the sanity exam suppress but have this hearing be public.
This hearing is bound to include detailed testimony about the examiners interactions with James, discussions with him and and also conclusions that have been made regarding his mental health.
"These specific issues form the very core of the evidence of this case" is quoted from the document filed earlier this week.
They go on to continue defending the fact that this is a “rare” instance where the pretrial publicity alone has the potential to “actually deprive a defendant of the ability to obtain a fair trial.”
The defense is also concerned about protecting the witnesses who include the person who conducted the exam from unwanted media scrutiny and harassment prior to the trial itself where it will then be unavoidable but at least warranted and not damaging.
The November hearing is referenced and they say that they had to use vague terminology and veiled terms in order to discuss the exam and protect James rights.
It’s implied that this would not be possible at this upcoming hearing and that there is no other alternative but to close the hearing to the public and the media.
There is no way to stop the media from publishing whatever they want that they gather from the hearing and this is the only option they have.
The State has not yet ruled on this request.
Original Motion Documents Below:
Wow I’ve had this blog for 3 years today!
The last year has absolutely been the most fulfilling though and I am so thankful for all of you amazing followers and the even more amazing blogs that I follow. It truly makes me the happiest girl ever to be able to have this outlet and to have you guys to listen. I wouldn’t change a thing. <3
Love you all so soso much.
Register of Actions- First week of December 2013
Short ROA for the first week of December.
12/4- “Certain Victims” motion about releasing exhibits and transcripts to them is filed and denied.
12/5- People file a motion to continue hearing on D-106 and the Courts order following it
12/5- Defense files a motion to reschedule hearing on P-67 and P-68 due to a witness scheduling conflict and the States response
2/6/14 Original start date of the Trial officially continued until unknown
Sleeping, wearing a seat belt and painting your toe nails…all things made impossible thanks to big boobs.
Court feels allowing “Certain Victims” access to transcripts from previous hearings would open the “Proverbial floodgates”, Samour DENIES Request
In Order C-68 Released today, December 4th 2013, Judge Samour has DENIED “Certain victims” access to previous exhibits and transcripts from Preliminary hearings in the case of James Holmes Vs The People of the State of Colorado. Those transcripts and exhibits will remained sealed in order to protect Holmes right to a fair trial and also to keep away other interested parties from wanting otherwise suppressed and redacted information.
The document is 12 pages long and below are the most important and crucial excerpts of the explanation for Judge Samours ruling.
Link for full document below:
Sandy Hook Shooting 911 Calls Released
Heartbreaking 911 Calls from the Sandy Hook shooting have been released today.
Huffington Post has the audio at the link below:
Is this James?
Thank you so much to everyone that reshared and reblogged my gofundme link. You guys are the absolute best :) No matter what I am getting my ass to Colorado to sit in that court room every single day for all of us and for the victims and most of all for James and his family and every other mentally ill person out there who asked for help and got pushed aside and didn’t get it. <333 k