Attorneys in the Colorado theater massacre case will be in court Thursday to argue over whether the prosecution violated Judge William Sylvester’s gag order.
Shooting suspect James Holmes is expected to appear in court.
His attorneys filed documents accusing prosecutors of leaking information from a notebook Holmes allegedly sent to a psychiatrist hours before the shooting.
The notebook allegedly contains details about how Holmes planned to carry out the attack on moviegoers during the premiere of “The Dark Knight Rises.”
Holmes is facing 152 criminal charges, including 24 counts of first-degree murder, for the July shooting that left 12 people dead and 58 wounded.
Claiming that it threatens Holmes' right to a fair trial, his attorneys want Sylvester to impose sanctions on the prosecution for violating a gag order.
However, prosecutors argued in their own court filings that the defense is being too vague about what information violated the gag order. The judge will also discuss whether a preliminary hearing will be held as scheduled next month. Holmes could waive the hearing.
If the preliminary hearing is held as planned, prosecutors will have to provide details of their case so the judge can decide whether there is enough evidence to take the case to trial.