DENVER (AP) – A judge overseeing the case of the Colorado shooting suspect has denied a defense request to have an expert present during all scientific testing of evidence.

In issuing his order Thursday, Arapahoe County District Court Judge William Sylvester says James Holmes’ defense team has a right to have an expert present only when evidence will be destroyed during testing.

Prosecutors must give Holmes’ defense team 48 hours notice when there’s a possibility that evidence will be destroyed.

Sylvester wrote that Holmes’ due process rights are preserved by current court rules that also allow independent defense testing of evidence and cross examination of prosecution experts. Sylvester also noted that prosecutors must provide the defense team access to all statements and reports by experts regarding scientific testing, physical or mental health examinations.

(© Copyright 2012 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)


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