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Attorneys may argue about U.S. mass shooter's rights at hearing

By Peter Mertz (Xinhua)

09:11, July 30, 2012

AURORA, COLORADO, July 28 (Xinhua) -- Attorneys working for U.S. mass shooting suspect James Holmes are expected to make a point of the mass shooter's rights at a hearing scheduled for Monday, which has been granted by a district court judge.

In a flurry of court documents released Friday, the defense attorneys made a motion that their client's "rights to a fair trial had been placed in serious jeopardy" because of illegal leaks to the media.

Defense attorneys for Holmes, held in connection with one of the worst mass killings in U.S. history, wrote Friday that Holmes sent a privileged, confidential package to his psychiatrist, Dr. Lynne Fenton, that was illegally seized by police and its contents "leaked" to the media by police sources, in direct violation of court orders.

Arapahoe District Attorney Carol Chambers responded in a " People's Response" document filed late Friday afternoon, accusing the media of "inaccuracy" and questioned sources reported by ABC News and others that a "notebook" mailed to Fenton from Holmes detailed plans for Holmes' gruesome act.

"Certainly the media, including Fox News and NBCNEWS.com have said this," Chambers wrote, alleging the media fabricated its sources and "is getting information from hoaxers, fraudsters or maybe from nobody at all by creating fake 'law enforcement officers' out of whole cloth," she added.

On Friday, District Court Judge William B. Sylvester granted a hearing on the motions, to be heard Monday, at which time Holmes will be formally charged with an anticipated 12 counts of First Degree murder and dozens of assault and weapons charges.

The defense motion was authored by Daniel King and Tamara A. Brady, who sat with the orange-haired Holmes at his hearing on Monday. Calls to Holmes' lawyers were not immediately returned Friday and the Arapahoe County prosecutor's office declined to comment.

Fox News stood by its story on Thursday, quoting anonymous law enforcement sources who said the "notebook" was "full of details" about how Holmes was going to kill people, that it was delivered on July 12, and sat unopened in the university's mailroom until it was seized by police on Monday.

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