Judge Carlos A. Samour Jr. wrote in an order that he will allow many of the 215 photos for which prosecutors sought approval, despite defense lawyers’ objections that they are too gruesome or offensive.
Many depict dead or wounded victims – images the attorneys argued would traumatize jurors. Samour said a number of photos were not unnecessarily gruesome or inflammatory given the nature of the mass shooting.
“They are not rendered inadmissible simply because they present vividly to the jurors the details of the shocking crimes charged,” Samour wrote.
Still, the judge isn’t allowing a handful of images, including a bloody emergency room and a survivor’s massive abdominal injuries. He also said prosecutors will have to prove the necessity of the disputed photos and video they want to use at trial.
Prosecutors can show footage of a gear shift in the shape of a skull found in Defendant James Holmes’ car but can’t claim it as a sign of his mental state the night of the shooting, the ruling states.
The photos are among piles of evidence that prosecutors said could occupy 400 square feet of courthouse space.
Holmes parents’ said in a statement last week that their son is mentally ill and should not be executed. They begged for a plea deal that would send Holmes to an institution for the mentally ill, which would happen if a jury finds him not guilty by reason of insanity.
Jury selection is scheduled to start Jan. 20.
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