FOX31 Denver

Judge grants prosecutors’ request for second mental health exam of James Holmes

DENVER — A judge granted a request by prosecutors in the Aurora theater shooting case for a second mental health evaluation of suspect James Holmes Wednesday.

“The court finds that People have established good cause for further or other examination of the defendant’s sanity on the date of the offenses charged,” Arapahoe County District Court Judge Carlos Samour wrote in a court order.

The judge said the previous mental health evaluation was “incomplete and inadequate.”

Prosecutors had been asking for a second examination of Holmes after they said the first evaluation back in December was biased.

PDF: Judge’s ruling on second mental health evaluation of James Holmes

Holmes has pleaded guilty by reason of insanity in the mass shooting that killed 12 and wounded 70 others.

If he is found to have been insane when he committed the shooting, it’s likely he would be confined in a mental institution for the rest of his life. The opposite finding would allow prosecutors to seek the death penalty.

A state psychologist, Dr. Jeffrey Metzner examined Holmes after the shooting. The results of the examination have not been released.

However, prosecutors said it was biased and had numerous deficiencies. They identified two other psychologists to examine Holmes.

In the Wednesday ruling however, the judge denied that request saying the state had to “select another psychologist or a forensic pathologist by no later than March 10, 2014 to conduct a new sanity examination.”

That person then has until July 11 to complete the report.

Samour wrote the new exam will only look at one factor: Whether Holmes was sane the night he opened fire inside the Century 16 movie theater in Aurora. The new examination will not look at whether Holmes is currently well enough to stand trial or is well enough to be executed.

This story will be updated as more information arrives.