Judge delays James Holmes arraignment to March

Last Updated 12:11 p.m. ET

CENTENNIAL, Colo. A judge on Friday delayed the arraignment of the man charged with the Colorado theater shooting until March.



District Judge William Sylvester ruled Thursday night that prosecutors had presented sufficient evidence to proceed with charges alleging that James Holmes killed 12 people and injured 70 others at a suburban Denver movie theater on July 20.





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James Holmes trial will proceed, according to Colo. judge




Holmes is charged with multiple counts of first-degree murder and attempted murder.



Holmes won't have to enter a plea until March 12 after the judge granted a defense motion to delay that proceeding.



A majority of the families of the victims objected to the delay.



A majority of the families of the victims objected to the delay.



Steve Hernandez, father of the slain Rebecca Wingo, was seated in the courtroom. At the end of the hearing he yelled out, "Rot in hell, Holmes!"



The judge reconvened court to address this outburst. Hernandez stood before the court and told the judge, "I meant no disrespect to the court or your honor." And then said, "I promise no further outbursts."



Prior to Mr. Hernandez's statement to the court, the judge told him, "I'm terribly sorry for your loss. I can only begin to imagine the emotions this must be raising."


Defense lawyers didn't give a reason for the delay.



One possible reason could be to seek a mental health evaluation by a doctor of their choosing. His lawyers have said Holmes is mentally ill, raising the possibility of an insanity defense.



If Holmes had entered an insanity plea, an evaluation would be done by state doctors.


Holmes' attorneys also objected to news media requests to bring cameras into the courtroom during the arraignment. Cameras have been barred from court since Holmes' initial appearance in July.



If Holmes, 25, is convicted of first-degree murder, he could face the death penalty. Prosecutors have not said whether they would pursue that sentence.



At a preliminary hearing this week, prosecution witnesses testified that Holmes spent weeks amassing an arsenal and planning the attack at a midnight showing of "The Dark Knight Rises." They also detailed an elaborate setup at Holmes' apartment designed to explode at the same time as the theater attack several miles away.


Prosecution witnesses testified that Holmes began acquiring weapons in early May and by July 6 had two semi-automatic pistols, a shotgun, a semi-automatic rifle, 6,200 rounds of ammunition and high-capacity magazines that allow a shooter to fire more rounds without stopping to reload.

Holmes' lawyers called no witnesses this week. They have said he is mentally ill.


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