During the hearing, defense attorney Daniel King said he could not advise Holmes on what plea to enter. He said the defense wasn’t ready despite previous delays — prompting prosecutors to object.
Sylvester asked King when Holmes might be ready to enter a plea.
“We could be ready by May 1. It may be June 1,” King said.
“So how am I supposed to make an informed decision?” Sylvester said before entering the not guilty plea. He said they defense can always petition to change the pleat to not guilty by reason of insanity.
At one point, in saying they weren’t ready to enter a plea, King said, “we have ongoing work scheduled. We’re doing the best that we can.” But he said he couldn’t reveal what the work was or say when it would be finished.
If a jury agrees he was insane, Holmes would be committed indefinitely to a state mental hospital. There would be a remote and unlikely chance he could be freed one day if doctors find his sanity has been restored.
Prosecutors laid out a case that Holmes methodically planned the shooting for months, amassing an arsenal and elaborately booby-trapping his apartment to kill anyone who tried to enter.
On the night of the attack, they say, he donned a police-style helmet, gas mask and body armor, tossed a gas canister into the seats and then opened fire.
Holmes is charged with 166 counts, mostly murder and attempted murder, in the assault on moviegoers at a midnight showing of “The Dark Knight Rises” in Aurora.
The judge set Aug. 5 for the start of the trial. Prosecutors and defense attorneys declined comment.