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10 New Charges Sought Against Colorado Gunman

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Unread 09.20.12, 11:55 AM
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10 New Charges Sought Against Colorado Gunman

09.20.12 05:47 AM

CENTENNIAL, Colo., (UPI) –* Prosecutors asked to add 10 new charges against alleged Colorado movie theater killer James Holmes, a court filing showed ahead of a Thursday hearing.

The additional charges would bring to 152 the counts Holmes faces in the killing of 12 people and the wounding of 58 others in a mass shooting in a crowded suburban Denver movie theater July 20.

Prosecutors also filed a motion to amend 16 counts against Holmes of attempted murder and one count of sentence enhancement for allegedly committing a crime of violence, a court register of actions in the case indicated.

The register provides a shorthand summary of case activity. A judge has issued a gag order limiting information lawyers can say about the case.

A district attorney spokeswoman told The Denver Post she could not comment on the filings due to the gag order.

Details about the new and amended charges were expected to be discussed at Thursday’s hearing, the Post said.

Arapahoe County District Judge William Sylvester must approve the change to the charges.

The Post said the hearing was expected to focus on whether a notebook Holmes mailed to his psychiatrist before the shootings was protected by doctor-patient privilege.

Holmes’ attorneys say it is. Prosecutors say Holmes was no longer a patient of Dr. Lynne Fenton — and had not been for more than a month — when he mailed the envelope to her office, so privilege no longer exists and they should be allowed to view the notebook for potential evidence.

Holmes, 24, currently faces 142 counts in the mass shooting at a midnight showing of the Batman movie “The Dark Knight Rises” in Aurora, Colo.

His previous criminal history was limited to a traffic summons.

Holmes earned a bachelor’s degree with honors in neuroscience in 2010 from the University of California, Riverside, and won a prestigious grant from the National Institutes of Health in June 2011.

He moved to Aurora around the same time to begin a neuroscience doctoral program at the Aurora medical campus of the University of Colorado, Denver, but was in the process of withdrawing.

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