James Holmes court case: New mug photo man break pre-trial publicity order, defense team claims

Photo may hurt fair trial, defense says

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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
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Posted: 10/05/2012

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.