James Holmes court case: Mug shot violates pre-trial publicity order, defense team argues

Photo may hurt fair trial, defense says

james_holmes_20120921073539_640_480_20121003162006_JPG

During Thursday's appearance, lawyers are expected to discuss when they'll be ready for a preliminary hearing, a public airing of the evidence gathered against James Holmes.
Photographer: Arapahoe Co. Sheriff's Office
Copyright 2012 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Regular Photo Size

Posted: 10/03/2012

By: thedenverchannel.com

CENTENNIAL, Colo. - Attorneys for James Holmes, the man accused of the Aurora theater shootings, claim that the release of a mug shot of Holmes to the news media violates a judge's gag order in the case.

In documents released Wednesday, defense attorneys said the Arapahoe County Sheriff's Department released the photo on Sept. 20. It shows Holmes with a haircut, in stark contrast to the wild orange-red hair Holmes had when he was arrested after the July 20 shootings.

Holmes' attorneys say the mug shot affects his prospects for a fair trial and want to know how it was released. Judge William B. Sylvester set a hearing on the complaint for Oct. 11.

Holmes faces multiple counts of first-degree murder in the shooting that killed 12 people and wounded 58.