Judge releases some documents, but keeps theater shooting gag order in place
DENVER — A gag order related to the release of information in the Aurora theater shooting case will remain in place for the most sensitive documents in the case.
Arapahoe County District Judge William Sylvester refused to lift that part of a gag order that was already in place in a ruling he issued Monday afternoon.
Law enforcement agencies and the University of Colorado are not allowed to release any information they have about the shooting suspect, James Holmes, or the case itself.
Holmes was a former student at the CU-Denver Anschutz Medical Campus.
The arrest affidavit, which has information about law enforcement’s case against the suspect, will not be released.
News organizations including FOX31 Denver hired attorney Steve Zansberg to convince the judge the public has a right to know about filings in such a high profile case.
“The best argument for unsealing them is that the public has a right to inspect the court files in order to monitor the conduct of the judicial branch and the parties have not made their showing necessary to continue the sealing of the file,” Zansberg said.
The judge ruled that the release of information would harm fairness at trial and it was not in the public’s best interest.
Sylvester did grant the release of a list of documents filed in the theater shooting case as well as some miscellaneous court documents the attorneys file. A total of 34 documents were released.
Holmes is accused of shooting and killing 12 people and injuring 58 others in an attack at the Century 16 Movie Theaters in Aurora on July 20.