A judge says prosecutors in the Colorado theater shootings can use evidence found in defendant James Holmes' apartment, which includes homemade bombs and a calendar with the day of the shootings highlighted.
CENTENNIAL, Colorado - A judge has ordered the suspected gunman in last year's Colorado theater shooting to stand trial, but his attorneys say they're not ready to enter a plea at a hearing Friday morning.
After a week in which prosecutors made a graphic case to bring 25-year-old James Holmes to trial for the shooting that left 12 dead and 70 wounded, the judge on Thursday ruled that the case could go forward. Holmes faces multiple counts of first-degree murder and attempted murder and could face the death penalty.
But Holmes' lawyers, who have said he is mentally ill, are likely to ask for a delay. They may ask for a mental health evaluation instead.
Either side also could argue that Holmes is not mentally capable of assisting in his own defense. If he's found incompetent, the case would come to a halt while he receives psychiatric treatment and until he can be declared competent for trial.
Holmes is accused of entering the theater during a midnight showing of the latest "Batman" movie and, wearing body armor, spraying the crowd with bullets. Police say he also rigged his apartment to explode and distract officers from the theater, but the explosives were not triggered and were taken apart by authorities.
Prosecutors this week presented self-portraits that Holmes took hours before the July attack, sometimes smiling and sometimes with a pistol. Another photo showed weapons, ammunition and body armor spread out on his bed.
Witnesses testified that Holmes had two semi-automatic pistols, a shotgun, a semi-automatic rifle, 6,200 rounds of ammunition and high-capacity magazines that allow a shooter to fire more rounds without stopping to reload.
Ultimately, Holmes is widely expected to plead not guilty or -- more likely -- not guilty by reason of insanity.
If found not guilty by reason of insanity, Holmes would be committed to the state mental hospital for treatment. His case would be reviewed every six months. He conceivably could be released if he is deemed no longer insane.
"Insanity is what this case is going to turn on," said Denver criminal defense attorney Dan Recht. "This is not a whodunit case."
Some recited the names of the dead. Some did good deeds for their neighbors. And some practiced yoga, walked through nature, or simply talked.
"The day that we could have died is the day that we get to spend the rest of our lives together," said Aurora, Colorado theater shooting survivor Kirstin Davis, who will marry her fiancé Saturday.
His face was hidden behind a gas mask, and he was costumed from head to toe in a police-style helmet, black cargo pants and black vest. Then he started shooting.
James Holmes, the former neuroscience graduate student accused of the deadly Colorado movie theater shootings, is headed to the state mental hospital for an evaluation of his sanity.
A judge on Tuesday accepted James' Holmes plea of not guilty by reason of insanity, setting the stage for a lengthy mental evaluation of the Colorado theater shooting suspect.
The suspect in the Colorado theater massacre could enter his long-expected insanity plea at a hearing Tuesday -- though the case could also veer off on another tangent as his lawyers seek the strongest possible defense.
Lawyers for the Colorado theater shooting suspect say he wants to change his plea to guilty by reason of insanity, but a judge won't rule on whether to allow that yet.
Lawyers for the man accused of killing 12 people and injuring 70 in a Colorado movie theater say he wants to change his plea to not guilty by reason of insanity.
Attorneys for the Colorado theater shooting suspect suggested in a court filing Monday that they might be considering entering a plea of not guilty by reason of insanity over their client's objections.