Judge: Colorado theater shooting victims can show emotion while testifying in sentencing phase

The judge overseeing the Colorado theater shooting case says he won't tell victims not to show emotion when they testify during the trial's penalty phase.

Judge Carlos A. Samour Jr. said Thursday defense attorneys' request to require victims to not show emotion while on the witness stand is unrealistic, offensive and insensitive.

He also denied a request to tell jurors they may consider only rational arguments in deciding a sentence, not sentiment or sympathy for victims of the mass shooting.

James Holmes pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 in the July 2012 attack.

In a series of orders Thursday, Samour also allowed testimony about a statement Holmes allegedly made, which was not made public.