DENVER -- The judge handling the criminal case against theater shooting suspect James Holmes clarified a gag-order and released 34 documents, amounting to more than 80 pages.
The statement of probable cause - which would contain the narrative of the crime - will remain sealed. District Judge William Sylvester said in court documents that releasing the affidavit would be harmful to the case.
"Because the investigation is continuing, releasing that much information might hamper or hinder in the investigation. The paramount concern of a judge is not making sure the public knows what's going on behind closed doors, but to make sure that a fair trial is had by all," said KUSA legal analyst Scott Robinson.
A registry of actions listing what documents have been filed in the case against Holmes will be unsealed. In addition, 11 motions filed in the case will be released along with responses to the motions and orders.
KUSA examined all of the documents.
About 20 media outlets, including KUSA, filed a motion asking the court to unseal documents in the Holmes case.
Judge Sylvester also clarified the gag order in the case, affirming law enforcement and attorneys involved cannot talk about the case.
Holmes is being held in the Arapahoe County Detention Center, accused of killing 12 people and injuring 58 others during the theater shooting massacre in Aurora on July 20.
Holmes is charged with 24 counts of first-degree murder and 116 counts of criminal attempt to commit murder.
Defense attorneys for Holmes claim their client is mentally ill.
The package the defendant supposedly sent to his psychiatrist is being held by the court.
Right now, no one can see it not even the lawyers.
The next court hearing in the Holmes case is set for this Thursday Aug. 16 in which the court will hear arguments over whether that package is doctor-patient-privileged information.
"There are major issues of patient psychiatrist privilege to be dealt with. Issues that are not easily resolved," Robinson said.
The hearing on Thursday will tackle some of those issues.
Robinson says we may never know what's inside that package, unless the defense enters an insanity plea.
Steven Zansberg is the attorney who fought on behalf of 9NEWS and other media to release these documents.
"That's a victory for transparency and for accountability. I think what we're learning is how the court is going to proceed," Zansberg said.
David Kaplan, who was who was Colorado's chief public defender until 2006, says the judge is making sure key facts are introduced in the courtroom and not the media.
"That kind of information the court does not want to reveal quite yet. Because the court feels that would jeopardize the ability to have a fair trial," Kaplan said.