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James Holmes’ attorneys to appeal order of second psychiatric exam

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Prosecutors have said they will pursue the death penalty for James Holmes.

Prosecutors are pursuing the death penalty for James Holmes.

CENTENNIAL, Colo. — The lawyers for James Holmes, the Aurora movie theater gunman, will appeal an order for a second psychiatric exam to the Colorado Supreme Court, according to a court filing that was made public Wednesday.

The appeal will be filed within the next 30 days, and that moved Arapahoe County District Court Judge Carlos Samourto to delay the start of the second exam, which he earlier ordered to be done by July 11, until the appeal is ruled upon. Samourto also delayed court hearings scheduled for early May over the evaluation.

Samour also rejected defense claims that the death penalty process in Colorado is unconstitutional, saying claims in previous cases had been rejected and that the motions were lacking in merit. Samour also declined a motion to allow jury selection to be video recorded.

Holmes is charged with killing 12 people and injuring 70 others in an attack during a showing of “The Dark Knight Rises” at the Century Aurora 16 movie theater on July 20, 2012. He has pleaded not guilty by reason of insanity.

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