CENTENNIAL, Colo. – Attorneys in the Colorado theater shooting case are returning to court to discuss whether a doctor should be allowed to videotape the second sanity evaluation of defendant James Holmes.
At a two-day hearing that starts Tuesday, prosecutors and the defense are also scheduled to discuss defense motions to bar some expert testimony.
Holmes pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 in the July 2012 attack. Prosecutors are seeking the death penalty.
Holmes will undergo the second evaluation this summer. The judge ruled the first one was flawed.
An evaluation is mandatory for defendants who plead insanity, but it isn't the final word. Jurors decide whether a defendant was insane, and the evaluation is a key piece of the evidence they consider.