Lawyers for Colorado cinema gunman seek another trial delay

By Keith Coffman DENVER (Reuters) - Lawyers for accused Colorado cinema gunman James Holmes, who argue he was insane when he killed a dozen moviegoers in 2012, have requested another delay in his murder trial set to begin next month, court documents showed on Friday. The trial of the former neuroscience graduate student has already been delayed several times, primarily because of two mental examinations the 26-year-old was ordered to undergo after he invoked the insanity defense. Holmes is charged with multiple counts of first-degree murder and attempted murder for opening fire inside a Denver-area theater during a midnight screening of the Batman film "The Dark Knight Rises" in July 2012, killing 12 and wounding dozens more. Prosecutors said they will seek the death penalty for the California native if he is convicted. Holmes underwent a mandatory psychiatric examination last year, but Arapahoe County District Court Judge Carlos Samour ordered a second evaluation, siding with prosecutors who argued the first one was flawed. Although the findings of the examinations have not been made public, it is widely believed that the two evaluators reached different conclusions about Holmes' mental condition. In their motion for a continuance, public defenders said they have not received all the documentation surrounding the second round of testing, and are therefore not ready to begin jury selection in January. "Had the prosecution not moved for a second sanity examination, this case would likely have gone to trial many months ago," the defense lawyers wrote, adding that the second evaluation "generated a staggering amount of additional material" which will take them up to three months to review. Samour told prosecutors to file their formal response later on Friday, ahead of a trial-readiness conference set for Monday. Separately, the judge denied a defense request that he reconsider a decision he made in September to allow the trial to be televised. Holmes' lawyers said at least one defense witness has refused to testify willingly because of the cameras, but Samour responded that they could subpoena the reluctant individual, and that if the witness did not show he would issue a bench warrant. The judge has previously told both sides to be ready to present their opening statements in late May or early June. (Reporting by Keith Coffman; Editing by Daniel Wallis and Richard Chang)