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Theater shooting victim-witnesses can attend trial

By Associated Press
Published On: Aug 28 2013 05:10:15 PM CDT
Updated On: Aug 28 2013 05:20:30 PM CDT

MGN Online / KRDO.com

DENVER -

The judge in the Colorado theater shootings case says victims can attend the trial, even if they'll be called to testify as prosecution witnesses.

The ruling Wednesday says all other prosecution witnesses will be barred from observing the trial.
    
Attorneys for defendant James Holmes had asked the judge to bar all prosecution witnesses from court proceedings so they couldn't listen to other witnesses.
    
State court rules allow such exclusions to keep witnesses from influencing each other's testimony.
    
But the judge says the court rules are trumped by the victims' rights section of the state constitution, which allows crime victims to be present at critical stages of a case.
    
Holmes is charged with killing 12 people and injuring 70 in July 2012. He pleaded insanity.
    
Prosecutors are seeking the death penalty.

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