CENTENNIAL, Colo. (AP) — The judge in the deadly Colorado movie theater shooting case entered a not guilty plea on behalf of James Holmes on Tuesday after the former graduate student’s defense team said he was not ready to enter one.
If Holmes is convicted, he could be executed or spend the rest of his life in prison. Judge William Sylvester said Holmes, 25, can change his plea to not guilty by reason of insanity later, if he chooses.
Such a change could be the only way Holmes could avoid life in prison or execution.
Prosecutors, for their part, have not said yet whether they will pursue the death penalty, announcing Tuesday that they will make their decision known on April 1.
As he has done in past hearings, Holmes sat silently through Tuesday’s proceedings. He wore a red jail jumpsuit and sported a thick, bushy beard and unkempt dark brown hair.
When he walked into the courtroom, he looked at his parents, James and Arlene Holmes. They sat silently at the front of the room and left without comment after the hearing.
Holmes is charged with multiple counts of murder and attempted murder in the July 20 attack at a suburban Denver movie theater that killed 12 people and injured 70.
In the nearly eight months since Holmes first shuffled into court with vacant eyes and reddish-orange hair, neither he nor his lawyers have said much about how he would plead.
Holmes’ lawyers repeatedly raised questions about his mental health, including a recent revelation that he was held in a psychiatric ward for several days last fall, often in restraints, because he was considered a danger to himself.
That raised the possibility that they could end up entering a plea of not guilty by reason of insanity at the hearing Tuesday. Holmes’ lawyers, however, said they were not ready to enter a plea.
The plea carries risk, however. Prosecutors would gain access to Holmes’ mental health records, which could help their case if the evidence of insanity is weak.
If Holmes does plead insanity, the proceedings would be prolonged further while he is evaluated by state mental health officials. With the judge entering the plea, prosecutors would not have access to Holmes’ health records.
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.
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This Week’s Celebrity Instagrams (10/15-10/21)
31 photos Launch gallery
1. Just a NY girl with BIG dreams....
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2. HAPPY CHILDREN=QUALITY PARENTING. We don't always see eye to eye on everything and that's normal. We're human beings. But we come together and do it right for what's important, the kids. We are not enemies, we are parents. And we are parents 1st. S/O to @monyettashaw for making Mason's bday memorable. S/O to @itscrystalsmith at home taking care of our other lil' Prince. ❤️❤️❤️ THIS IS WHAT CO-PARENTING LOOKS LIKE. #Blessed #Happy #AboveTheDrama #BiggerThanUs
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3. So happy to finally be able to share with you all that I’m the new Global Brand Ambassador for @Revlon! Follow my day on RevlonSnaps. Yay! Choose Love, Everybody! #RevlonXCiara #chooselove #ad
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4. Glam on point!!!@makeupbymotoko & @shaylinjoneshair #easybreezy @lifetimetv #beachesmovie #january2017 😘
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5. ✨True love ✨📸: @jessiemarrerophotography
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7. Today was not easy..but by the grace of God we all got through it. Words cannot express our gratitude for all of your Prayers, Positive thoughts and Support for us throughout the years. Tommy will be missed but most certainly never forgotten...And PLEASE don't ask "Where's Martin?.." he was there too...just not in this picture. Lol! God bless you all.. #LoveConquersAll #MartinShow
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9. West coast get ready for #RockyHorror. I will be live tweeting again. #letsdothetimewarpagain
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10. #THEKEYS pre order yours now ... Available everywhere #NOV22 #WeTheBest 🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑
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11. We about to ROCK at #KCABlackBall!! All for our life-changing effort to end 🌎 AIDS.
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12. Today's #SNAPJACK is brought to you by @yazzthegreatest 😂😂😂💋💋💋
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13. Damn girl you kinda old to be headed to the Go Go. You coming in at the age they leaving. LMAO
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14. Daddy daycare B-Boxin with @acewellstucker @shopraisingace
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15. #FBF Naviyd & URV "LIL MONSTERS"
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16. HAPPY BIRTHDAY TO ONE OF THE BIGGEST LEGENDS IN OUR HIPHOP HISTORY! @snoopdogg CONTINUED BLESSING AND LOVE FAMILY!!!!! REAL OG!
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17. Thank you for a beautiful night VSU! Let's do it again! #HOMECOMING
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18. Had a great time this morning with my familia Erica, Griff & Truth!!
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19. Check out my interview on @essence facebook live. #inmyownwords #nycpromo #day2
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20. #She💋 #tbt #TheCoveAtTheAtlantis #DawgPawsAndAll
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21. Bae #retailtherapy
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22. Why me and @coryhardrict got the same pose... and notee... new mouth #naked
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23. When my husband is my personal 'hype-man'! it kills me every time! 💜😂 #WHATNOW #lostfiles📷
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24. Diggy Simmons
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25. Hand full of @jacquieaiche 💙💎💍 @esnail_la 💅🏾
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26. SuperSoulers! You can watch my interview with Carl Lentz live from my Facebook page, tomorrow at 11a ET| 8a PT. #SuperSoulSunday
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27. 💋 .. When the friendship is easy like Sunday morning. ☀️
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28. Sunday mornings are the best........... hugs and cuddles with my angel
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29. #huggar16 #hellohuggars
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30. My gym is everywhere!.. #RnBMoney #TheGeneral 📸: @twelvepastseven
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31. Nothing I would rather be doing... Rocko setting up our movie, Romelō working on a puzzle & Laiyah singing and sharing all she's learning at school... I'm so grateful for the joy they've brought into my life ... Praying for peace , joy & love in the home of EVERY family ♥️ #HeadScarfPJSunday LOL 😂
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