In a notice (PDF) released on May 29, 2014, Steven Zansberg, the lawyer representing the media consortium consisting of TV networks ABC, CNN, CBS, and numerous other outlets covering the Aurora Theater attack, notified the court that he was skipping participating in the May 29, 2014 hearing about selection of jurors in the James Holmes case. He further notified the court that he was mailing it in by filing a response on Tue. June 3, 2014 to the defense's motion to close jury questioning to the public. The case has dragged on for almost two years with only a tentative October start date.
The prosecution is arguing that the pretrial publicity won't hurt a jury but the publicity around questioning the jury will be catastrophic. Almost every juror in the state of Colorado is subjected to having to answer personal questions in public but very few juries are subjected to over 900 articles about their case from the Denver Post alone.
The defense wants the case moved from Arapahoe County in Colorado citing media reports ignoring the national interest the case has received. The defense ignores that by the time of the trial, the jurors will know about the attack that occured the day before the theater shooting on the University of Colorado Anschutz Medical Campus and therefor upon themselves and everyone in the Denver area and that the police shut down the ventilation system of several buildings of UCD AMC. They could easily use this to get a change of venue but they choose to try to close the jury selection so tight to keep this information from the jury. The prosecution tried to use the Joint Terrorism Task Force in a further violation of the gag order. The judge is waiting to see if the jury will find out, then he will move the trial.