(KDVR) — Prosecutors said Thursday in a court filing Thursday they are “extremely unlikely” to accept an offer to plead guilty from suspect James Holmes unless they hear more details from him.
The filing was the prosecution’s response to Holmes’ defense attorneys filing on Wednesday in which they said Holmes would plead guilty in order to avoid the death penalty.
The Denver Post reports in the filing, prosecutors want the suspect and his lawyers to give “specific access to information that would allow them to fully assess the Defendant and his alleged acts for purposes of determining a just outcome to this case.”
Prosecutors say to this point, they have been denied access to that information over and over again.
They also say there has never been a real ‘offer’ to plead guilty from Holmes.
Holmes’ attorneys indicated in their filing Wednesday the case could reach a conclusion Monday, when the defendant’s next court hearing is scheduled to take place.
“Mr. Holmes made an offer to the prosecution to resolve this case by pleading guilty and spending the rest of his life in prison,” defense attorneys wrote in court documents.
“As previously stated in court, counsel for Mr. Holmes are still exploring a mental health defense, and counsel will vigorously present and argue any and all appropriate defenses at a trial or sentencing proceeding, as necessary,” the documents read.
Death Penalty Decision Expected April 1
Prosecutors are expected to inform the court during the hearing Monday if they will press forward and seek the death penalty against Holmes.
Thursday’s lengthy filing from the prosecution was more than a dozen pages long.
It criticized the defense for disclosing the offer of a guilty plea in a public court filing. It went on to accuse the public defenders of not acting in good faith and goes so far as to suggest the filing was a publicity ploy that violates a gag order in the case.
The Case Against Holmes
Holmes faces 166 counts of murder, attempted murder and other charges. He’s accused of plotting the massacre for months prior to the July 20 shooting spree at the opening of “Batman: The Dark Knight Rises” at the Aurora Century 16 Theaters.
Twelve people died and 58 others were hurt.
Authorities say he booby-trapped his apartment with explosives, then traveled to the movie theater armed with four weapons, tear gas and body armor.
Witnesses said the gunman roamed the theater, shooting randomly as people tried to scramble away or cowered between seats.
At his preliminary hearing in January, police who responded described hellish scenes inside the theater and described finding Holmes, dressed in body armor, standing outside, seeming “detached from it all,” according to Officer Jason Oviatt.