Lawyers for James Holmes may withdraw their client's plea of not guilty by insanity.
(RNN) - Lawyers for Aurora shooting suspect James Holmes say they might withdraw his not guilty by reason of insanity plea after they see the results of his mental evaluation.
In a motion filed Tuesday, Holmes' lawyers had requested that they see a copy of the mental evaluation before the prosecution is able to see it.
"The defense is simply requesting, pursuant to Mr. Holmes' state and federal constitutional right to present a defense, that it be furnished with a copy of the examination first," the motion stated, later adding that the results could have an impact on their decision to go ahead with the not guilty by reason of insanity plea.
However, Judge Carlos Samour denied the request in an order released Thursday, and said the defense and prosecution will get the report at the same time.
Giving the report to the defense first would allow Holmes to "file any motion he deems appropriate related to the contents of the report," Samour wrote.
Holmes is charged with 166 counts of murder, attempted murder, and other offenses committed during a mass shooting in an Aurora, CO movie theater shooting on July 20, 2012. Twelve people were shot to death in the attack and 58 were wounded by gunfire.
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