The Herald Bulletin

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June 27, 2013

Holmes to wear hidden harness anchored to floor

DENVER — Colorado theater shooting suspect James Holmes will be restrained during his trial by wearing a harness under his clothes that will be anchored to the floor, the judge said Thursday.

Judge Carlos A. Samour Jr. also ruled the jury will not be sequestered during the trial, which is scheduled to start in February and is expected to take four months.

Holmes is accused of killing 12 people and injuring 70 others at a movie theater in the Denver suburb of Aurora in July.

He has worn heavy shackles on his wrists and ankles during pretrial hearings. His lawyers wanted him to be unshackled during the trial, saying the restraints would make him look guilty to the jury.

Samour said Holmes has to be restrained because he is charged with violent crimes. He said jurors won't see the harness, and the anchoring cable will blend in with computer cables at the defense table.

The judge ruled earlier that Holmes can wear civilian clothing at his trial.

Holmes pleaded not guilty by reason of insanity to multiple charges of murder and attempted murder. Prosecutors are seeking the death penalty.

Defense lawyers wanted the jury sequestered and wanted the jurors barred from having phones, laptop computers or any other electronics devices during the trial.

The judge said sequestration for such a long time would be costly and impractical, and would create an undue burden on jurors. He implied it also could prompt some prospective jurors to try to avoid the case.

However, Samour said he would allow defense lawyers to renew the request later if they think they have grounds to do so.

Denying jurors access to smartphones, computers, television sets and radios — along with email and the Internet — would be drastic and unfair, the judge said.

But he did rule jurors will not be allowed to have the devices in court or during deliberations.

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