Huffpost Crime

Second Sanity Exam For James Holmes Can Be Filmed, Judge Rules

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FILE - This June 4, 2013 file photo shows Aurora theater shooting suspect James Holmes in court in Centennial, Colo. Holmes returns to court Monday Jan. 27, 2014, for a closed hearing on whether he should get a second psychiatric evaluation. Holmes is charged with the July 2012 Aurora shootings that killed 12 people and injured 70. (AP Photo/The Denver Post, Andy Cross, Pool, File)
FILE - This June 4, 2013 file photo shows Aurora theater shooting suspect James Holmes in court in Centennial, Colo. Holmes returns to court Monday Jan. 27, 2014, for a closed hearing on whether he should get a second psychiatric evaluation. Holmes is charged with the July 2012 Aurora shootings that killed 12 people and injured 70. (AP Photo/The Denver Post, Andy Cross, Pool, File)

CENTENNIAL, Colo. (AP) -- The judge in the Colorado theater shootings case says a psychiatrist can video-record the second sanity evaluation of defendant James Holmes.

Holmes' lawyers had objected to video, but the judge ruled Thursday the defense didn't show it would interfere with the examination.

The judge also said state law doesn't forbid video.

Holmes pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 in the 2012 attack.

He underwent a sanity evaluation last summer. The key finding hasn't been released, but prosecutors asked for a new one, saying the doctor who conducted the first was biased.

The judge ordered the second evaluation after ruling the first was flawed.

The psychiatrist who will conduct the new exam said video provides a better record than handwritten notes.

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