Crime

October trial set for James Holmes in Colo. movie attack

/ CBS/AP

CENTENNIAL, Colo. - James Holmes, the man charged in the mass shooting at a Colorado movie theater in 2012, now faces trial in October.

Judge Carlos A. Samour on Thursday set an Oct. 14 trial date for James Holmes. He is charged in the 2012 Aurora theater shooting that killed 12 people and injured 70.

However, the judge said it's possible the trial may be further delayed as prosecutors and defense attorneys spar over sanity evaluations of Holmes.

James Holmes' mental health a key issue in upcoming hearing
Holmes has pleaded not guilty by reason of insanity. Prosecutors are seeking the death penalty. Either factor alone could mean extra time in court for special arguments or tests before a trial even takes place.

The original trial date was in August. That was pushed to February after prosecutors announced they were seeking the death penalty. The February date was abandoned when prosecutors requested that Holmes undergo a second mental health evaluation.

Samour granted that request, saying Holmes' first evaluation by the state mental hospital was "incomplete and inadequate."

Samour gave the state hospital until July 11 to submit a new report.

CBS News legal analyst Rikki Klieman told CBS News' Crimesider in December that the case will boil down to whether the defense can prove Holmes has a mental disease or defect, and if so, whether he was unable tell right from wrong at the time of the shooting.


© 2014 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.

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