James Holmes to Stand Trial: Judge

Prosecutors to proceed with all 166 felony counts filed against him
By Newser Editors and Wire Services
Posted Jan 10, 2013 8:24 PM CST
James Holmes to Stand Trial: Judge
Defense attorney Daniel King leads his team to court for the third day of a preliminary hearing for Aurora theater shooting suspect James Holmes.   (Ed Andrieski)

There's enough evidence for James Holmes to face trial on charges that he killed 12 people and injured 70 others in a Colorado movie theater last summer, a judge ruled late today. Judge William Sylvester said prosecutors have established probable cause to proceed with all 166 felony counts they filed against him, including first-degree murder after deliberation, first-degree murder with extreme indifference, and attempted murder. He ordered that Holmes continue to be held without bail.

Holmes is due to be arraigned tomorrow, but his defense attorneys filed papers this afternoon saying he's not ready to enter a plea. Sylvester noted Holmes' attorneys will likely ask that the arraignment be delayed. Defense attorneys did not explain why they are not ready for arraignment. Sylvester's ruling came after a three-day hearing earlier this week, in which prosecutors laid out their case against Holmes, 25. (Click for some of the more bizarre revelations from the hearing.) Many legal analysts have said they expect the case to end with a plea bargain rather than a trial. (More James Holmes stories.)

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