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Lawyers to argue whether James Holmes can be videotaped during examination

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CENTENNIAL, Colo. -- Aurora theater gunman James Holmes will be back in court Tuesday and a judge will hear arguments for the next two days that could ultimately decide the future of the trial.

Defense attorneys are concerned because the doctor conducting a second evaluation on Holmes is asking to videotape Holmes during his examination. They argue it could interfere with the integrity of the exam.

The behavior of Holmes has changed in several court hearings. In his first court appearance days after he was arrested after the July 20, 2012, shooting, he had bright orange hair and appeared to be in a daze.

For the next two days, Judge Carlos Samour Jr. will hear several motions. The bigger issue deals with the doctor requesting to videotape Holmes, something that is standard practice when deciding if someone is insane, which Holmes is claiming.

The doctor at the state hospital says he wants to videotape Holmes because it will provide a better examination. The doctor says the videotape could be destroyed after his report is complete.

"A compromise resolution that the judge could reach is to allow evaluators to video Mr. Holmes for the purposes of their evaluation and to further their evaluation and to make their evaluation work the way they want it to work. but not to allow the jury to see those videos," criminal defense attorney Dan Recht said.

The other motion Samour will hear deals with the Aurora Police Department and two officers fighting subpoenas for internal disciplinary files. The defense says in 2008, an internal affairs investigation found both officers had been untruthful. So far, the officers have not emerged in court records or testimony in the theater shooting case.

Holmes is scheduled to appear in court at 9 a.m. The trial is expected to begin in December.

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