James Holmes’s attorneys are accusing state prosecutors of discouraging Aurora theater capturing victims from speaking to them, in accordance to a movement filed this week (and on view under). They argue that prosecutor Lisa Teesch-Maguire despatched an e-mail to victims with the message that efforts by Holmes’s attorneys to contact them have been so as “to manipulate, trick and lie” to them — and that Holmes’s protection workforce is not to be trusted.
The e-mail warns victims that they might be contacted by a girl whose “goal is to try and find Victims who will help the Defendant” — a press release Holmes’s attorneys say is unfaithful.
“By conveying this unmistakable message and wrongly disparaging the defense to victim-witnesses in this case, the prosecution has improperly impeded and interfered with a number of Mr. Holmes’s constitutional rights,” protection attorneys wrote.
They argue that the e-mail (on view under) mischaracterizes the job of Tammy Krause, a girl employed by the protection to act as a sufferer liaison. Krause’s function is to give victims a possibility to voice their considerations to the protection workforce in an effort to make the connection between the 2 much less adversarial, in accordance to an affidavit written by Krause (additionally on view under). Thus far, she says she has supplied victims a possibility to meet with Holmes’s protection attorneys to ask questions concerning the case and Holmes himself, in addition to despatched them letters introducing herself and giving updates concerning the case.
A protection sufferer liaison, Krause says in her affidavit, “does not act as an advocate on behalf of the defendant” or assist strategize methods to win the case.
But that is not the best way Teesch-Maguire described Krause’s job in her e-mail. Rather, she mentioned Krause’s function is “to find Victims who will try to persuade the prosecution and/or persuade a potential jury to have sympathy for the Defendant — and to help the Defendant win the case.” She emphasised that Krause is Holmes’s advocate, not theirs.
Teesch-Maguire additionally requested victims to name her to verify the id of anybody asking to speak with them concerning the case and included a photograph of herself with the next warning: “if anyone tries to meet with you and say that they are Lisa — hopefully they look something like this attached picture.” Holmes’s attorneys argue that her e-mail implies that the protection workforce is attempting to trick victims into speaking to them.
“If you want to help the Defendant — that is your choice and you are free to do so,” Teesch-Maguire wrote within the e-mail to victims, “but please know that you can voice those opinions through this office, just as strongly.” She additionally inspired them to discuss to prosecutors about their emotions on the loss of life penalty, even when they’re opposed to it.
The impact of the e-mail, Holmes’s attorneys argue, is to dissuade victims from speaking to the protection, which they are saying interferes with their investigation of the case.