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Suspected Aurora movie theater shooter James Holmes may plead insanity

5:31 PM, Mar 1, 2013   |    comments
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James E. Holmes appears in Arapahoe County District Court, Monday, July 23, 2012, in Centennial, Colo. Holmes is being held on suspicion of first-degree murder, and could also face additional counts of aggravated assault and weapons violations stemming from a mass shooting last Friday in a movie theater in Aurora, Colo., that killed 12 and injured dozens of others. (AP Photo)

CENTENNIAL, Colo. - Lawyers for the Aurora theater shooting suspect have indicated their client might plead not guilty by reason of insanity.

In court documents made public Friday, James Holmes' attorneys want the judge to declare portions of the state's insanity defense laws unconstitutional.

The filings say the laws in which a defendant may waive their right to remain silent and reveal confidential medical information should be unconstitutional in cases involving the possibility of execution.

Attorneys also say not knowing whether prosecutors will seek the death penalty directly impacts what type of plea to enter at the March 12 arraignment or what type of defense to use.

Holmes is charged with multiple counts of first-degree murder and attempted murder in the July 20 Aurora theater shooting that killed 12 people and wounded 70.

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