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Defense wants more time in Colorado shooting case

Associated Press Modified: October 11, 2012 at 4:23 pm •  Published: October 11, 2012

After Holmes enters a plea, prosecutors would have 60 days to decide whether to seek the death penalty against him. If the preliminary hearing is delayed until next year, the decision will be made by the new district attorney elected to replace the current, term-limited one, Carol Chambers.

A lawyer appointed by prosecutors to represent the victims' interests argued against the media's request to unseal more information. Lisa Teesch-Maguire said victims have been harassed after being mentioned in court documents and have had their photos posted online by Holmes' supporters after they appeared at court proceedings. She didn't specify who was harassing them.

Teesch-Maguire also said the university psychiatrist Holmes was seeing, Lynne Fenton, can no longer live in her house because she doesn't feel safe. She did not elaborate.

Victims originally were identified in court records listing the charges filed against Holmes soon after the shooting, but their names have been redacted in subsequent documents adding and amending charges. Both prosecutors and the defense want those names and other information kept sealed, including affidavits, search warrants and witness lists.

Sylvester said he would rule by Monday on what details should be redacted.

Holmes appeared in court Thursday in leg shackles and a red jail jumpsuit. He still has short brown hair, along with long sideburns and a mustache.

Holmes looked straight ahead at no one in particular and didn't appear to speak to anyone at the defense table during the hearing. He periodically widened his eyes, causing wrinkles in his forehead.