James Holmes defense team asks for trial delay

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CENTENNIAL, Colo. -- Defense lawyers in the Aurora theater shooting case requested a delay in the start of the trial.

The judge is considering their request.

The case has been delayed five times.

Attorneys for shooter James Holmes say they need more time to go over a doctor's report that evaluates their client's sanity.

Legal expert Craig Silverman says this request doesn't come as a surprise. "Delay is always the ally of a death penalty defendant. The longer the trial takes the more certainty your client will remain alive."

The defense team also told the judge that unspecified medical emergencies involving one of their lawyers and an investigator have slowed their preparation.

A decision on the delay request is expected in the next few days.

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