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Holmes judge denies request on 'frivolous' motions

Published On: Apr 12 2014 08:38:27 AM CDT
Aurora theater

KMGH via CNN

DENVER -

The judge in the Colorado theater shooting case has denied the defense's request to reconsider calling some of their motions "frivolous."

The Denver Post reports Judge Carlos A. Samour Jr. called four motions concerning the death penalty frivolous because the Colorado Supreme Court had already rejected similar arguments in previous cases.

Defense attorneys asked Samour to reconsider his characterization of the motions and criticized him for doing so in a public filing. But the judge denied the request Friday, saying the court has been consistent in "calling it as it sees it," and the motions didn't present legitimate arguments.

James Holmes has pleaded not guilty by reason of insanity to killing 12 people and injuring 70 in a suburban Denver movie theater in 2012. His trial is set to begin in October.

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