by Scott Creighton
According to the first version of the story, the defense had requested the judge seal the case and put a gag order on everyone involved… now it turns out, it was the prosecution that demanded that little adjustment. RT has a story on the legal battle shaping up over the nation’s right to see and evaluate the details of the case…
The decision to seal the documents off from public access “undermines our nation’s firm commitment to the transparency and public accountability of the criminal justice system,” said media lawyer Steven Zansberg in a written statement.
The Associated Press along with 20 other news agencies is appealing for the dissemination of the documents in court this Thursday.
Judge William Sylvester closed the case on July 20 at the request of the prosecutors, who claim that releasing the files could potentially jeopardize the case investigation. The move sparked a wave of protest from the media, saying the public had a right to see the documents.
Press attorneys argue that the explanation given for the sealing of the files is not adequate and needs to be elaborated on if the bar is to remain in place. In most court cases in the US the documents pertaining to the trial are available to the public. However, exceptions are made if files obstruct an ongoing police investigation or encroach on the privacy of family members of the victims.
The files in question include the affidavits the police would have filled in before defendant James Holmes was arrested, detailing why officers thought that he was the murderer. The bar on the documents makes it impossible for observers to follow the arguments put forward by the defense and the prosecution during the trial because they reference the files by number only. Russia Today
What would it do to the case if the people found out that James Holmes was discovered in his car drugged up and out of it to the point where they thought they needed a spine board to move him and they couldn’t even take his mug shot during processing at the jail?
What would it do to the case if the prosecution had to start explaining how they found a second gas mask 60 years away from where they claim they arrested Holmes in a location that Holmes couldn’t have gotten to in his condition?
How would they explain the reports of conflicting descriptions of the assailant in the face of the previously listed evidence?
Would they have to admit that there is a strong possibility that someone drugged Holmes and left him in that car as the patsy to take the fall for this massacre and that the real assailant is still at large, possibly even still in Aurora?
Would they have to admit that someone looks to have set Holmes up with the “stick figure drawing confession” book and then leaked it’s contents to the media prior to the investigators even opening the package?
There are a lot of questions surrounding this case and there are even more questions surrounding the media’s demand to unseal the evidence. The media rushed to convict Holmes in the court of public opinion. ABC lied about what his mother said and they lied when they claimed he was a Tea Party member. Why would anyone think they have “justice” in mind as they sue to see the evidence in this case?
Personally I would LOVE to read the arrest report and see exactly where they found Holmes and exactly what condition he was in when they found him. I would LOVE to see how they explain the second gas mask that looks like they found it where someone would have dropped it as he left the back parking lot of the theater heading for Sable Ave.
Perhaps I should file my own lawsuit.