Policy

James Holmes' Lawyers Blocked from Attending Psych Exam

Any information divulged can be used against the alleged Aurora shooter

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Lawyers for James Holmes, who has pleaded not guilty by reason of insanity to killing 12 moviegoers in a Colorado theater last year, cannot be present during his court-ordered psychiatric examination, the judge in the murder case ruled on Wednesday.

Arapahoe County District judge Carlos Samour Jr. rejected a motion by Holmes' public defenders, who argued that they should be allowed to attend the exam—especially since prosecutors are seeking the death penalty against their client.

Under Colorado law, any incriminating information divulged by the defendant during such an exam can be used against the accused at his trial and sentencing.