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Judge denies request to unseal arrest documents in Colorado Springs Planned Parenthood shooting

A judge on Wednesday denied a motion to unseal the arrest affidavits for Robert Lewis Dear, Jr., the accused Colorado Springs Planned Parenthood shooter.

In mid December, lawyers for several media organizations including The Gazette filed a motion in El Paso County court requesting that Dear’s arrest affidavits, detailing probable cause for his arrest, be made open to the public.

The documents were sealed at the request of the El Paso County District Attorney’s Office.

In his ruling Wednesday, 4th Judicial District Court Chief Judge Gilbert Martinez declared that unsealing the affidavit would be contrary to public interest since the investigation into the shooting is ongoing. Dear is accused of killing three people and wounding nine others on the Nov. 27. He has been charged with 179 felonies, including eight counts of first-degree murder.

Martinez’s ruling discounts statements made in court by District Attorney Dan May, said attorney Steve Zansberg, who represents the media outlets.

May said during a Dec. 23 hearing that he does not oppose the unsealing of the affidavits as long as the victims’ privacy is not compromised and aspects of the investigation remain undisclosed.

“We are disappointed that the judge has misconstrued the people’s position,” Zansberg said.

On Dec. 23 Martinez ordered that Dear undergo a mental health evaluation, although Dear said he would refuse to work with psychologists. Dear also asked to fire his public defenders and represent himself.

COLORADO SPRINGS, CO - December 09: Robert Dear Jr. looks back into the gallery during one outbursts during a court appearance on December 09, 2015 where El Paso County prosecutors filed formal charges against him in the Planned Parenthood attack during which University of Colorado Colorado Springs police officer Garrett Swasey, Iraq war veteran Ke'Arre Stewart and Jennifer Markovsky, mother of two were killed on November 27, 2015. Photo by Andy Cross/The Denver Post (Andy Cross)
COLORADO SPRINGS, CO – December 09: Robert Dear Jr. looks back into the gallery during one outbursts during a court appearance on December 09, 2015 where El Paso County prosecutors filed formal charges against him in the Planned Parenthood attack during which University of Colorado Colorado Springs police officer Garrett Swasey, Iraq war veteran Ke’Arre Stewart and Jennifer Markovsky, mother of two were killed on November 27, 2015. Photo by Andy Cross/The Denver Post (Andy Cross)
COLORADO SPRINGS, CO - December 09: Robert Dear Jr. glares at his attorney Daniel King during an outburst in court on December 09, 2015 where El Paso County prosecutors filed formal charges against him in the Planned Parenthood attack during which University of Colorado Colorado Springs police officer Garrett Swasey, Iraq war veteran Ke'Arre Stewart and Jennifer Markovsky, mother of two were killed on November 27, 2015. Photo by Andy Cross/The Denver Post (Andy Cross)
COLORADO SPRINGS, CO – December 09: Robert Dear Jr. glares at his attorney Daniel King during an outburst in court on December 09, 2015 where El Paso County prosecutors filed formal charges against him in the Planned Parenthood attack during which University of Colorado Colorado Springs police officer Garrett Swasey, Iraq war veteran Ke’Arre Stewart and Jennifer Markovsky, mother of two were killed on November 27, 2015. Photo by Andy Cross/The Denver Post (Andy Cross)
COLORADO SPRINGS, CO - December 09: Robert Dear Jr. glares at his attorney Daniel King during an outburst in court on December 09, 2015 where El Paso County prosecutors filed formal charges against him in the Planned Parenthood attack during which University of Colorado Colorado Springs police officer Garrett Swasey, Iraq war veteran Ke'Arre Stewart and Jennifer Markovsky, mother of two were killed on November 27, 2015. Photo by Andy Cross/The Denver Post (Andy Cross)
COLORADO SPRINGS, CO – December 09: Robert Dear Jr. glares at his attorney Daniel King during an outburst in court on December 09, 2015 where El Paso County prosecutors filed formal charges against him in the Planned Parenthood attack during which University of Colorado Colorado Springs police officer Garrett Swasey, Iraq war veteran Ke’Arre Stewart and Jennifer Markovsky, mother of two were killed on November 27, 2015. Photo by Andy Cross/The Denver Post (Andy Cross)
COLORADO SPRINGS, CO - December 09: Robert Dear Jr. glares at his attorney Daniel King during an appearance in court on December 09, 2015 where El Paso County prosecutors filed formal charges against him in the Planned Parenthood attack during which University of Colorado Colorado Springs police officer Garrett Swasey, Iraq war veteran Ke'Arre Stewart and Jennifer Markovsky, mother of two were killed on November 27, 2015. Photo by Andy Cross/The Denver Post (Andy Cross)
COLORADO SPRINGS, CO – December 09: Robert Dear Jr. glares at his attorney Daniel King during an appearance in court on December 09, 2015 where El Paso County prosecutors filed formal charges against him in the Planned Parenthood attack during which University of Colorado Colorado Springs police officer Garrett Swasey, Iraq war veteran Ke’Arre Stewart and Jennifer Markovsky, mother of two were killed on November 27, 2015. Photo by Andy Cross/The Denver Post (Andy Cross)
COLORADO SPRINGS, CO - December 09: Attorney Rose Roy, center, tries to quite client Robert Dear Jr. during an outburst while attorney Daniel King argues on Dear's behalf in court on December 09, 2015 where El Paso County prosecutors filed formal charges against him in the Planned Parenthood attack during which University of Colorado Colorado Springs police officer Garrett Swasey, Iraq war veteran Ke'Arre Stewart and Jennifer Markovsky, mother of two were killed on November 27, 2015. Photo by Andy Cross/The Denver Post (Andy Cross)
COLORADO SPRINGS, CO – December 09: Attorney Rose Roy, center, tries to quite client Robert Dear Jr. during an outburst while attorney Daniel King argues on Dear’s behalf in court on December 09, 2015 where El Paso County prosecutors filed formal charges against him in the Planned Parenthood attack during which University of Colorado Colorado Springs police officer Garrett Swasey, Iraq war veteran Ke’Arre Stewart and Jennifer Markovsky, mother of two were killed on November 27, 2015. Photo by Andy Cross/The Denver Post (Andy Cross)
COLORADO SPRINGS, CO - December 09: Robert Dear Jr. leans his head to get a drink of water from a styrofoam cup at the end of his court appearance on December 09, 2015 where El Paso County prosecutors filed formal charges against him in the Planned Parenthood attack during which University of Colorado Colorado Springs police officer Garrett Swasey, Iraq war veteran Ke'Arre Stewart and Jennifer Markovsky, mother of two were killed on November 27, 2015. Dear's attorneys Kristen Nelson, left, Rose Roy, (right of Dear) and Daniel King rap up the proceedings. Photo by Andy Cross/The Denver Post (Andy Cross)
COLORADO SPRINGS, CO – December 09: Robert Dear Jr. leans his head to get a drink of water from a styrofoam cup at the end of his court appearance on December 09, 2015 where El Paso County prosecutors filed formal charges against him in the Planned Parenthood attack during which University of Colorado Colorado Springs police officer Garrett Swasey, Iraq war veteran Ke’Arre Stewart and Jennifer Markovsky, mother of two were killed on November 27, 2015. Dear’s attorneys Kristen Nelson, left, Rose Roy, (right of Dear) and Daniel King rap up the proceedings. Photo by Andy Cross/The Denver Post (Andy Cross)
COLORADO SPRINGS, CO - December 09: Robert Dear Jr. appears in court on December 09, 2015 where El Paso County prosecutors filed formal charges against him in the Planned Parenthood attack during which University of Colorado Colorado Springs police officer Garrett Swasey, Iraq war veteran Ke'Arre Stewart and Jennifer Markovsky, mother of two were killed on November 27, 2015. Photo by Andy Cross/The Denver Post (Andy Cross)
COLORADO SPRINGS, CO – December 09: Robert Dear Jr. appears in court on December 09, 2015 where El Paso County prosecutors filed formal charges against him in the Planned Parenthood attack during which University of Colorado Colorado Springs police officer Garrett Swasey, Iraq war veteran Ke’Arre Stewart and Jennifer Markovsky, mother of two were killed on November 27, 2015. Photo by Andy Cross/The Denver Post (Andy Cross)
COLORADO SPRINGS, CO - December 09: An El Paso County Deputy asks defendant Robert Dear Jr. to keep quite during an appearance in court on December 09, 2015 where El Paso County prosecutors filed formal charges against him in the Planned Parenthood attack during which University of Colorado Colorado Springs police officer Garrett Swasey, Iraq war veteran Ke'Arre Stewart and Jennifer Markovsky, mother of two were killed on November 27, 2015. Photo by Andy Cross/The Denver Post (Andy Cross)
COLORADO SPRINGS, CO – December 09: An El Paso County Deputy asks defendant Robert Dear Jr. to keep quite during an appearance in court on December 09, 2015 where El Paso County prosecutors filed formal charges against him in the Planned Parenthood attack during which University of Colorado Colorado Springs police officer Garrett Swasey, Iraq war veteran Ke’Arre Stewart and Jennifer Markovsky, mother of two were killed on November 27, 2015. Photo by Andy Cross/The Denver Post (Andy Cross)
COLORADO SPRINGS, CO - December 09: An El Paso County Deputy along with attorney Kristen Nelson asks defendant Robert Dear Jr. to keep quite after another outburst during a court on December 09, 2015 where El Paso County prosecutors filed formal charges against him in the Planned Parenthood attack during which University of Colorado Colorado Springs police officer Garrett Swasey, Iraq war veteran Ke'Arre Stewart and Jennifer Markovsky, mother of two were killed on November 27, 2015. Photo by Andy Cross/The Denver Post (Andy Cross)
COLORADO SPRINGS, CO – December 09: An El Paso County Deputy along with attorney Kristen Nelson asks defendant Robert Dear Jr. to keep quite after another outburst during a court on December 09, 2015 where El Paso County prosecutors filed formal charges against him in the Planned Parenthood attack during which University of Colorado Colorado Springs police officer Garrett Swasey, Iraq war veteran Ke’Arre Stewart and Jennifer Markovsky, mother of two were killed on November 27, 2015. Photo by Andy Cross/The Denver Post (Andy Cross)
COLORADO SPRINGS, CO - December 09: Robert Dear Jr. talks directly to Judge Gilbert Martinez during a court appearance December 09, 2015 where El Paso County prosecutors filed formal charges against him in the Planned Parenthood attack during which University of Colorado Colorado Springs police officer Garrett Swasey, Iraq war veteran Ke'Arre Stewart and Jennifer Markovsky, mother of two were killed on November 27, 2015. Photo by Andy Cross/The Denver Post (Andy Cross)
COLORADO SPRINGS, CO – December 09: Robert Dear Jr. talks directly to Judge Gilbert Martinez during a court appearance December 09, 2015 where El Paso County prosecutors filed formal charges against him in the Planned Parenthood attack during which University of Colorado Colorado Springs police officer Garrett Swasey, Iraq war veteran Ke’Arre Stewart and Jennifer Markovsky, mother of two were killed on November 27, 2015. Photo by Andy Cross/The Denver Post (Andy Cross)
COLORADO SPRINGS, CO - December 09: Robert Dear Jr. during an outburst while talking directly to Judge Gilbert Martinez during a court appearance December 09, 2015 where El Paso County prosecutors filed formal charges against him in the Planned Parenthood attack during which University of Colorado Colorado Springs police officer Garrett Swasey, Iraq war veteran Ke'Arre Stewart and Jennifer Markovsky, mother of two were killed on November 27, 2015. Photo by Andy Cross/The Denver Post (Andy Cross)
COLORADO SPRINGS, CO – December 09: Robert Dear Jr. during an outburst while talking directly to Judge Gilbert Martinez during a court appearance December 09, 2015 where El Paso County prosecutors filed formal charges against him in the Planned Parenthood attack during which University of Colorado Colorado Springs police officer Garrett Swasey, Iraq war veteran Ke’Arre Stewart and Jennifer Markovsky, mother of two were killed on November 27, 2015. Photo by Andy Cross/The Denver Post (Andy Cross)
COLORADO SPRINGS, CO - December 09: Attorney Kristen Nelson ,left, and an El Paso County Sheriff's deputy along with defendant Robert Dear Jr. stand for a recess during a court appearance on December 09, 2015 where El Paso County prosecutors filed formal charges against him in the Planned Parenthood attack during which University of Colorado Colorado Springs police officer Garrett Swasey, Iraq war veteran Ke'Arre Stewart and Jennifer Markovsky, mother of two were killed on November 27, 2015. Photo by Andy Cross/The Denver Post (Andy Cross)
COLORADO SPRINGS, CO – December 09: Attorney Kristen Nelson ,left, and an El Paso County Sheriff’s deputy along with defendant Robert Dear Jr. stand for a recess during a court appearance on December 09, 2015 where El Paso County prosecutors filed formal charges against him in the Planned Parenthood attack during which University of Colorado Colorado Springs police officer Garrett Swasey, Iraq war veteran Ke’Arre Stewart and Jennifer Markovsky, mother of two were killed on November 27, 2015. Photo by Andy Cross/The Denver Post (Andy Cross)
Prosecutor Donna Billek, right, and 4th Judicial District Attorney Dan May arrive for the filing of charges against Robert Lewis Dear Jr. in Colorado Springs, Colo. Wednesday, December 9, 2015.AP POOL PHOTO/MARK REIS/THE GAZETTE (MARK REIS)
Prosecutor Donna Billek, right, and 4th Judicial District Attorney Dan May arrive for the filing of charges against Robert Lewis Dear Jr. in Colorado Springs, Colo. Wednesday, December 9, 2015.AP POOL PHOTO/MARK REIS/THE GAZETTE (MARK REIS)
Robert Lewis Dear Jr.'s attorney, Dan King, left, waits to go through a metal detector before entering court for the filing of charges against Dear in Colorado Springs, Colo. Wednesday, December 9, 2015. POOL PHOTO, MARK REIS, THE GAZETTE (MARK REIS)
Robert Lewis Dear Jr.’s attorney, Dan King, left, waits to go through a metal detector before entering court for the filing of charges against Dear in Colorado Springs, Colo. Wednesday, December 9, 2015. POOL PHOTO, MARK REIS, THE GAZETTE (MARK REIS)
Robert Lewis Dear Jr.'s attorney, Dan King, center, is wanded after going through a metal detector before entering court for the filing of charges against Dear in Colorado Springs, Colo. Wednesday, December 9, 2015. POOL PHOTO/MARK REIS/THE GAZETTE (MARK REIS)
Robert Lewis Dear Jr.’s attorney, Dan King, center, is wanded after going through a metal detector before entering court for the filing of charges against Dear in Colorado Springs, Colo. Wednesday, December 9, 2015. POOL PHOTO/MARK REIS/THE GAZETTE (MARK REIS)
Planned Parenthood shooting survivor Ketanya Craion, right, is escorted from a Colorado Springs, Colorado courtroom Wednesday, December 9, 2015 following the filing of charges against Robert Lewis Dear Jr. Craion was hiding in an exam room with others during the shooting. Pool Photo by Mark Reis, The Gazette (MARK REIS)
Planned Parenthood shooting survivor Ketanya Craion, right, is escorted from a Colorado Springs, Colorado courtroom Wednesday, December 9, 2015 following the filing of charges against Robert Lewis Dear Jr. Craion was hiding in an exam room with others during the shooting. Pool Photo by Mark Reis, The Gazette (MARK REIS)
El Paso County Sheriffs officers head to Judge Gilbert Martinez' courtroom in Colorado Springs, Colo. Wednesday, December 9, 2015 for the filing of charges against Robert Lewis Dear Jr. AP POOL PHOTO/MARK REIS/THE GAZETTE (MARK REIS)
El Paso County Sheriffs officers head to Judge Gilbert Martinez’ courtroom in Colorado Springs, Colo. Wednesday, December 9, 2015 for the filing of charges against Robert Lewis Dear Jr. AP POOL PHOTO/MARK REIS/THE GAZETTE (MARK REIS)
Leonte Chandler, center, leaves court following following the filing of charges against Robert Lewis Dear in Colorado Springs, Colo. Wednesday, December 9, 2015. Chandler is the brother of shooting victim Ke'Arre Stewart. Pool Photo by Mark Reis, The Gazette (MARK REIS)
Leonte Chandler, center, leaves court following following the filing of charges against Robert Lewis Dear in Colorado Springs, Colo. Wednesday, December 9, 2015. Chandler is the brother of shooting victim Ke’Arre Stewart. Pool Photo by Mark Reis, The Gazette (MARK REIS)
Robert Lewis Dear Jr.'s attorney, Dan King, leaves court following the filing of charges against Dear in Colorado Springs, Colo. Wednesday, December 9, 2015. Pool Photo by Mark Reis, The Gazette (MARK REIS)
Robert Lewis Dear Jr.’s attorney, Dan King, leaves court following the filing of charges against Dear in Colorado Springs, Colo. Wednesday, December 9, 2015. Pool Photo by Mark Reis, The Gazette (MARK REIS)
Robert Lewis Dear Jr.'s attorney, Dan King, leaves court following the filing of charges against Dear in Colorado Springs, Colo. Wednesday, December 9, 2015. Pool Photo by Mark Reis, The Gazette (MARK REIS)
Robert Lewis Dear Jr.’s attorney, Dan King, leaves court following the filing of charges against Dear in Colorado Springs, Colo. Wednesday, December 9, 2015. Pool Photo by Mark Reis, The Gazette (MARK REIS)
Planned Parenthood shooting survivor Ketanya Craion leaves a Colorado Springs, Colorado courtroom Wednesday, December 9, 2015 following the filing of charges against Robert Lewis Dear Jr. Craion was hiding in an exam room with others during the shooting. Pool Photo by Mark Reis, The Gazette (MARK REIS)
Planned Parenthood shooting survivor Ketanya Craion leaves a Colorado Springs, Colorado courtroom Wednesday, December 9, 2015 following the filing of charges against Robert Lewis Dear Jr. Craion was hiding in an exam room with others during the shooting. Pool Photo by Mark Reis, The Gazette (MARK REIS)
4th Judicial District Attorney Dan May fields questions following th filing of charges against Robert Lewis Dear Jr. in Colorado Springs, Colo. Wednesday, December 9, 2015. Photo by Mark Reis, The Gazette (MARK REIS)
4th Judicial District Attorney Dan May fields questions following th filing of charges against Robert Lewis Dear Jr. in Colorado Springs, Colo. Wednesday, December 9, 2015. Photo by Mark Reis, The Gazette (MARK REIS)
Robert Lewis Dear Jr.'s attorney, Dan King, leaves court following the filing of charges against Dear in Colorado Springs, Colo. Wednesday, December 9, 2015. Pool Photo by Mark Reis, The Gazette (MARK REIS)
Robert Lewis Dear Jr.’s attorney, Dan King, leaves court following the filing of charges against Dear in Colorado Springs, Colo. Wednesday, December 9, 2015. Pool Photo by Mark Reis, The Gazette (MARK REIS)
Robert Lewis Dear Jr.'s attorney, Dan King, leaves court following the filing of charges against Dear in Colorado Springs, Colo. Wednesday, December 9, 2015. Pool Photo by Mark Reis, The Gazette (MARK REIS)
Robert Lewis Dear Jr.’s attorney, Dan King, leaves court following the filing of charges against Dear in Colorado Springs, Colo. Wednesday, December 9, 2015. Pool Photo by Mark Reis, The Gazette (MARK REIS)
4th Judicial District Attorney Dan May fields questions following th filing of charges against Robert Lewis Dear Jr. in Colorado Springs, Colo. Wednesday, December 9, 2015. Photo by Mark Reis, The Gazette (MARK REIS)
4th Judicial District Attorney Dan May fields questions following th filing of charges against Robert Lewis Dear Jr. in Colorado Springs, Colo. Wednesday, December 9, 2015. Photo by Mark Reis, The Gazette (MARK REIS)
4th Judicial District Attorney Dan May fields questions following the filing of charges against Robert Lewis Dear Jr. in Colorado Springs, Colo. Wednesday, December 9, 2015. Photo by Mark Reis, The Gazette (MARK REIS)
4th Judicial District Attorney Dan May fields questions following the filing of charges against Robert Lewis Dear Jr. in Colorado Springs, Colo. Wednesday, December 9, 2015. Photo by Mark Reis, The Gazette (MARK REIS)
Spectators and victims are escorted from a Colorado Springs, Colorado courtroom Wednesday, December 9, 2015 following the filing of charges against Robert Lewis Dear Jr. Pool Photo by Mark Reis, The Gazette (MARK REIS)
Spectators and victims are escorted from a Colorado Springs, Colorado courtroom Wednesday, December 9, 2015 following the filing of charges against Robert Lewis Dear Jr. Pool Photo by Mark Reis, The Gazette (MARK REIS)


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