CENTENNIAL, Colo. -- Defense attorneys for James Holmes, the man charged in the Aurora movie theater shooting, are seeking a delay in the start of the trial so they can review a sanity evaluation by a doctor that included 22 hours of interviews.
The postponement was asked for Tuesday and Judge Carlos Samour gave prosecutors until Wednesday to respond. The judge hasn't ruled yet.
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The evaluation is the second for Holmes after prosecutors said the first exam was biased.
The trial was set for Dec. 8. Holmes has pleaded not guilty by reason of insanity in the shooting in which 12 people were killed and 70 others were injured at the midnight showing of “The Dark Night Rises” at the Century Aurora 16 Multiplex Theater.
It looks like the trial may not start now until late January 2015. Prosecutors are seeking the death penalty.