Accused Theater Gunman Isn’t Ready for Court Arraignment

Lawyers for James Holmes, accused of fatally shooting 12 people at an Aurora, Colorado, movie theater, told a judge they aren’t prepared for an arraignment at a hearing scheduled for tomorrow.

“The defense has notified the district attorney that it is not prepared to proceed to arraignment in this case by Friday, and therefore request that the hearing on Friday serve only as a status hearing and not arraignment,” according to a filing today in Colorado state court in Centennial.

Arapahoe County District Court Judge William Sylvester is weighing whether there is enough evidence against Holmes to order him to go trial on murder charges. At the conclusion of a preliminary hearing yesterday, Sylvester set a hearing for tomorrow morning and indicated he would rule at or before that hearing whether there is enough evidence to proceed to trial. Sylvester also indicated that if he sends the case to trial, he would ask Holmes to enter a plea tomorrow.

Holmes, who studied neuroscience at the University of Colorado-Denver, is charged with first-degree murder, which can carry the death penalty in Colorado, and more than 100 counts of attempted murder.

The case is People v. Holmes, 12-cr-01522, 18th Judicial District Court, Colorado (Centennial).

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