Access to suspect's college files ordered

Oct. 18, 2012 at 10:26 AM
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AURORA, Colo., Oct. 18 (UPI) -- If the University of Colorado police have any files on Aurora, Colo., movie theater massacre suspect James Holmes, prosecutors can access them, a judge ruled.

The possibility of a campus file was revealed in a decision by Judge William Sylvester in which he ruled prosecutors be given access to documents from Holmes' time in a neuroscience program at the University of Colorado, the Denver Post reported Thursday.

Holmes is accused of opening fire inside a movie theater during the premiere of the new Batman movie, killing 12 people and injuring 58 others. He faces 166 counts of murder, attempted murder and other charges.

"The people acknowledge that they 'probably have campus police records, but [they] don't know that for sure,'" Sylvester wrote in his decision. "If the University of Colorado Police Department has a law enforcement investigation file about defendant, that information is likely relevant."

Sylvester also ordered that prosecutors may access parts of Holmes' university application, his transcript, academic performance records and reasons for withdrawing from the university in June. Sylvester denied a request to access to Holmes' class schedule and several other documents.

Holmes' next court hearing is scheduled for Oct. 25. The Post said his attorneys are expected to argue that prosecutors should be sanctioned for leaks to the media about a notebook Holmes mailed to his then-psychiatrist and have asked to postpone the hearing so they can have more time to prepare.

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