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James Holmes wants special prosecutor to investigate Jana Winter's sources

Shield law didn't keep defense from asking for special prosecutor in Jana Winter case
Photo by Doug Pensinger/Getty Images

In a motion (PDF) released on Aug. 11, 2014, the defense in the James Holmes Aurora Theater attack announced that they have exhausted their investigation into the Law Enforcement officials who gave some details to Fox News reporter Jana Winter about a notebook that James Holmes sent to his psychiatrist Lynne Fenton.

The defense could not find out who violated the gag order so they requested certain sanctions be made against the prosecution.

The defense suggested that since they believe one or more of the officers questioned are lying, that all the officers who testified they did not leak the notebook details be barred from testifying in the trial. There is no evidence that any of those officers were the leak and it was probably campus police officers who saw the notebook from a distance via security camera. Any officer in the room or had read a report would have mentioned the burned money.

The defense also requested a special prosecutor or possible the Colorado grand jury investigate the officers. An investigation of this matter would take a long time and delay the trial.

Another suggestion and what defense is probably really after is the state taking the death penalty off the table. The prosecution has kept the death penalty on the table only to get James Holmes to talk. If the prosecution isn't satisfied by James Holmes' second mental examination, then the prosecution would fight this sanction and delay the trial.

Since the notebook is already going to be entered into evidence because as of now James Holmes is pleading not guilty by reason of insanity, the judge would probably (if he does anything) bar the officers who testified. He however will probably rule to not impose any sanctions as he has done in the past.

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