Judge grants extension for mental evaluation in Holmes trial

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CENTENNIAL, Colo. -- The judge overseeing the Aurora theater shootings case has granted an extension for suspected shooter James Holmes' mental evaluation.

The Colorado Mental Health Institute of Pueblo said it wasn't able to complete Holmes' mental evaluation until mid-September, but the trial was originally scheduled for the beginning of February.

"I really don't think I had any choice. It's just how long it will take," judge Carlos Samour said.

During Tuesday's hearing, Samour made it clear he wanted to keep the original February 3 trial date, but he is allowing the hospital enough time to conduct the necessary mental examinations.

The hospital says a psychiatrist will have to go through some 40,000 pages of evidence. Based upon Tuesday's hearings, the judge is giving the hospital until September 16 to complete Holmes' mental evaluation.

The judge also said that he will summons 5,000 perspective jurors for the case.

Holmes is accused of killing of 12 people and injuring 58 others at the Century 16 theaters in Aurora last July. He has pleaded not guilty by reason of insanity.

FOX 31's Dave Young said that Holmes appeared much different in court Tuesday than in previous hearings.The suspect's hair was cut shorter and his beard was trimmed. He was also smiling and engaging with his attorneys, which is different from his unresponsiveness in past hearings.

Jana Winter, the FOX News reporter suspected of leaking a notebook of violent drawings that Holmes mailed to his psychiatrist before the theater shooting, was also rescheduled to appear in court on September 30.

Winter's defense has requested to review the contents of the notebook, but prosecutors disagree, saying that giving it to her attorneys is like giving the contents of the notebook to FOX News.

Judge Samour will consider the request, and he is expected to make a decision before Sept. 30.