Judge says media will have access to camera in Holmes trial

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JEFFERSON COUNTY, Colo. -- The judge in the James Holmes theater shooting case ruled Tuesday that members of the news media will have access to the closed circuit television camera in the courtroom during the trial.

Members of the news media, including FOX31 Denver, had filled a request, called an EMC, to allow video and still cameras in the courtroom to cover the trial.

Arapahoe County Chief District Court Judge Carlos Samour denied that request instead ruling that that journalists would have access to the remote-controlled closed circuit television camera already installed in the courtroom.

"The camera will be positioned so as to avoid showing any of the jurors or any part of the jury box," Samour wrote.

It will show the witness stand, a screen for evidence presentations, the prosecutor's podium and the defense table.  The camera will have audio, but it would not be from the internal microphones.

The camera is typically used to show courtroom proceedings to crowd overflow rooms where victims and members of the media could watch.

The order also restricted the use of video and still cameras around the Jefferson County courthouse.

Both the prosecution and the defense teams had objected to the EMC request saying it could influence the outcome of the trial.

"There is no dispute that this trial will receive pervasive publicity and that, as a result, some of the individuals connected with the case will feel harassed by the media and the public," Semour wrote. "But the defense and the prosecution ignore that this will happen regardless of whether the EMC is allowed."

Holmes is accused of killing 12 and injuring 70 during at shooting at an Aurora movie theater in July 2012.

Jury selection for the trial is scheduled to begin in December.  Opening arguments for the death penalty trial may not start until the new year.  The trail is expected to last for months.

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