Comments about ‘Judge delays arraignment in Colo. theater shooting’

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Published: Friday, Jan. 11 2013 2:24 p.m. MST

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Provo, UT

"Prosecutors objected to the delay and said they were ready to move ahead."

The prosecution has no constitutional right to a "speedy trial" instead that right belongs to the accused and not the government and the defendant may delay their trial reasonably to allow time for them to prepare their own defense even if the majority of Americans believe they are guilty based on what we know. The state hasn't authority to move the trial so fast that defense counsel isn't able to prepare its defense.

"We want to avoid at all costs doing anything improper,"

The families of his alleged victims may be upset at the delay but they would be more upset if he was released on appeal because both the prosecutors and judge violated his legal and constitutional rights. There are also a lot of emotions going on and had the father of one of the victims had such an outburst during a jury trial the defense would be able to argue on appeal that it biased the jury against Holmes and couple that with the fact that they didnt have time to prepare a defense. Sets the beginning causes for dismissal of a verdict

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