The Colorado judge overseeing the case against the Aurora shooting suspect James Holmes has rejected the request by the media corporations to unseal certain key documents.
However, Arapahoe County District Judge William Sylvester did allow for the release of 34 documents, mostly relating to media motions and procedural issues. Public will have access to the list of documents filed, as well as some submitted by attorneys.
But he ordered that the documents media members most wanted to see - affidavits of probable cause, subpoenas, arrest warrants, search warrants, and requests for or court orders for production of records - all be kept under seal, reports Reuters.
Lawyers for 20 news organizations, including The New York Times, The Associated Press, The Denver Post and CBS News last week asked the judge to unseal the documents, arguing that such secrecy in a high-profile case 'undermines our nation's firm commitment to the transparency and public accountability of the criminal justice system.'
Media attorney Steven Zansberg, said the judge's limited ruling 'brought much needed transparency' to the case but did not go far enough.
"We are disappointed that the affidavits of probable cause remain under seal at this time, but are hopeful that the court will revisit that issue sometime in the not too distant future," he said in a statement.
Last week, Holmes' defense lawyer said during a court appearance that his client suffers from a mental illness and was getting treated by the University therapist Dr. Lynne Fenton prior to the shooting that killed 12 and injured 58.
In Monday's ruling, the judge repeated his earlier order preventing the University of Colorado from publicly discussing its dealings with Holmes because release of that information might violate therapist-patient privilege.
If privileged communications were disclosed it 'would have serious far-reaching and potentially irreparable consequences to this case,' the judge wrote.
A package that Holmes reportedly sent to Fenton is in the possession of the court clerk and will remain sealed and 'inaccessible to anyone,' he said.
Whether the package falls under the therapist-patient privilege will be addressed at a hearing later this week.