If Holmes simply pleads not guilty, prosecutors would not have access to that evidence. But if Holmes is convicted, he could get the death penalty or life in prison without possibility of parole.
Prosecutors have not said if they will seek the death penalty. They must declare their intentions within 60 days of the day Holmes enters his plea.
Holmes’ lawyers asked Sylvester to overturn the insanity law, arguing it was unconstitutionally vague and violated Holmes’ Fifth Amendment protection from self-incrimination.
Sylvester’s ruling, dated Thursday, said appeals courts already have upheld the insanity law. Sylvester also said he wouldn’t address some questions raised by the defense because they are “dependent on hypothetical facts.”
Holmes is accused of killing 12 people and injuring 70 at a movie theater in the Denver suburb of Aurora on July 20. He is charged with multiple counts of murder and attempted murder.