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Judge Samour is considering allowing a video.
There is a video of an interview of the gunman by 1 or 2 investigators – they ask how he’s feeling and then to talk about the night before. The gunman talks about hiding under blankets from “the shadows.” He says the shadows poke him and pick him up and do things to him. There is small talk about the Broncos.
"He appears groggy, sleepy, appears to barely be able to keep his eyes open. He is coherent in general... appears to understand the questions that are asked... perhaps under the influence of drugs," Samour said.
Sounds like Judge Samour will not admit the video under rule 703.
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Judge Samour: "No expert discussed the video specifically in his/her reports."
Judge Samour: Other than Dr. Gur, no expert has testified that they relied on this video to form their opinion.