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Judge delays decision on James Holmes insanity plea

11:40 AM, May 13, 2013   |    comments
Photo by Arapahoe County Sheriff's Office via Getty Images).
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CENTENNIAL, CO -- The Aurora theater shooting suspect appeared in court Monday morning to request to change his plea to "not guilty by reason of insanity."

Last week, court filings showed that James Holmes wanted to change his plea to not guilty by reason of insanity. A judge in the case previously entered a standard not-guilty plea for the suspect.

Holmes is charged with murder and attempted murder in the July 20 attack in Aurora that killed 12 and injured 70.

The judge said he would consider arguments first about constitutional questions the defense has raised about Colorado's insanity law. He's expected to decide whether to accept a new plea sometime before a May 31 hearing.

Holmes had bushy hair and beard at Monday's hearing. He didn't speak at all.

With the new plea, Holmes would be sent to a state mental hospital.

If doctors determine he was insane at the time of the shooting - a jury could still find him guilty.

By: Laura Cipriano/KUSA

KUSA/Gannett

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