The most recent mug shot of James Holmes and leaks about the contents of a package that he allegedly sent to his psychiatrist before the shooting were in direct violation of the judge's gag order, attorneys for the suspected Aurora theater shooter said in a new motion revealed on Wednesday.
The latest booking photo depicts Holmes with short brown hair and a defiant-looking expression rather than the dyed orange hair and blank stare that made the media rounds in his first mug shot.
Holmes' attorneys argue that the picture was "leaked to the media" by the Arapahoe County Sheriff's Office and that it violates Holmes' "rights to due process and a fair trial by an impartial jury."
The motion argues that the public would not have had access to Holmes' latest photo if it had not been leaked.
Scroll down to read the motion
Arapahoe County Sheriff Grayson Robinson recently told 9News that he was aware of the motion and would leave it to the court to make a ruling.
"Before I released (the mugshot) I checked with the appropriate authorities who suggested it was appropriate to release it," Robinson said, explaining that no objections were made at the time.
Holmes' attorneys are also are asking the court about sanctions against the government for information they claim has been leaked about the package sent to psychiatrist Dr. Lynne Fenton.
The photo was released almost three weeks ago, on the two-month anniversary of the theater shooting.
Read the motion in full:
Motion for Evidentiary Hearing
Most recent mug shot of James Holmes: