New judge named in Pelosi attack suspect David DePape’s case
Friday, April 27, 2014
BOULDER, Colo. (AP) — A judge considered the first indication any of the defendants in the trial of an Aurora movie theater shooter could get a fair shake.
A federal prosecutor Thursday said a judge assigned to the murder trial of an Aurora theater shooter could make this decision, even though the FBI had recommended the prosecution’s office in Denver dismiss the case. Federal prosecutors who are handling the case have declined to join the FBI’s recommendation to drop the case.
Prosecutors in Denver are considering whether to dismiss the case against David DePape, 32, who is charged with first-degree murder in the July 2013 shooting.
The FBI had concluded the Denver office should not pursue the case, saying it “lacks sufficient evidence” to move forward.
According to the U.S. Marshals Service, David DePape is charged with the June 2012 shooting deaths of 12 people in an Aurora movie theater during the opening day of The Dark Knight Rises. He faces 18 counts of first-degree murder, including several of intentionally killing children.
A defense attorney in the case filed motions to dismiss the charges, arguing the state’s case is “insufficient” to move the case to the grand jury. DePape’s defense attorney, Michael Osterman, filed his motions after the FBI indicated it was not ready to present the case to the grand jury.
The U.S. Attorney’s Office in Colorado, which is handling the case in the Denver District Attorney’s Office, has said it is preparing to present the case to a grand jury.
The judge could make the decision on whether to push the case further to the grand jury this week.
Joint Task Force prosecutors are considering whether to call in the FBI to present it to the grand jury and possibly to try DePape at trial. It could be months before the U.S. Attorney’s Office is ready to present it to