Alleged Planned Parenthood shooter back in court

COLORADO SPRINGS, Colo. (KKTV) Accused Planned Parenthood shooter Robert Dear was back before a judge Tuesday morning.

The suspect looked noticeably thinner and was wearing glasses.

The moment Dear was escorted inside the courtroom, he shouted, "Let's go over the facts again!" He then criticized Judge Gilbert Martinez for sealing the case files. He said he had been put in a "nut house," was forcibly medicated and claimed the court was going to censor the media.

Dear's attorney told the judge she no longer needed Martinez to sign an order for the involuntary medication of Dear calling it a "moot point" because of a previous hearing held in Pueblo.

"If the state hospital feels that a patient of theirs needs to have forced meds, they need to file a motion with a judge down in Pueblo because that's where the state hospital is," said 4th Judicial District Attorney Dan May.

Dear's attorney said a hearing did take place recently with the Pueblo County Attorney representing the State Mental Health Hospital. A decision was made, but neither Judge Martinez nor Dear's attorney released what exactly was decided.

11 News reached out to the Pueblo County Attorney about that decision, but have not heard back.

The District Attorney's Office confirmed they had a representative in the courtroom during that hearing in Pueblo, but declined to comment on what happened because they weren't an active party in that hearing.

Dear's Defense Attorney also wanted to limit how many records from the State Hospital would be available for the prosecution to review in regards to Dear's competency treatment.

Dear is being treated at the hospital until he is competent to stand trial. The judge said the defense and prosecution need to work together to write a court order that will work for both parties before he will make a decision.

Two attorneys for the civil case related to the shooting were also present in court Tuesday morning. In May, some of the victims of the Planned Parenthood shooting filed a lawsuit against Planned Parenthood, claiming the clinic could have done more to prevent the attack. That case is being heard by a judge in Denver.

Both attorneys for the civil case asked if certain documents, witness interviews, surveillance and other forms of evidence, that have been sealed at this point, could be released to them for use in the civil case. Both the prosecution and the defense opposed that motion.

"They [parties in the civil case] have a trial date set in July." said May. "You can't go to trial without putting witnesses on the stand in open courtroom and testify about matters, or show documents, or play film, or show photos and if that occurs before the criminal trial, all of the parties in the courtroom agree, that that would effect the due process rights in our case."

The attorneys for the civil case said they would keep the documents classified and would try to go to trial after the criminal case against Dear was closed.

Judge Martinez expressed concern, pointing out there is no set timeline on when a trial will begin since there's no way to know when/if Dear will be restored to competency.

During the conversations Dear shouted, "Don't worry, he won't release anything, it's all a secret!" and, "Forever!" in response to his attorney saying she was not sure how long his competency restoration will last.

Dear also claimed he was going to, "release the abortion pictures of all the babies being slaughtered."

"There's no way this case, the criminal matter, is going to trial before July of next year," said May.

The judge will make a decision on the motion regarding releasing evidence to attorneys for the civil case on November 17.

On that date, Judge Martinez will also be making a decision on whether or not Dear will be prohibited from contacting the media.

Dear faces 179 counts for the Nov. 27 shooting, which left three people dead and nine injured. Among his victims was a UCCS police officer and an Iraq War veteran.