DENVER (AP) – Attorneys for the Colorado theater shooting defendant are asking the state Supreme Court to overturn the presiding judge’s order allowing victims to attend the trial even if they’ll be called as prosecution witnesses.

The appeal was filed Monday.

James Holmes pleaded not guilty by reason of insanity to killing 12 people and injuring 70 in the 2012 attack. Prosecutors are seeking the death penalty.

Defense lawyers wanted prosecution witnesses barred from watching the trial, including victims. State rules allow that to keep witnesses from being influenced by other testimony.

The judge refused, saying the state Constitution allows victims to attend.

Monday was also the deadline for the defense to appeal the judge’s order for Holmes to undergo a second sanity evaluation. No documents on that question were immediately released.

(© Copyright 2014 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

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