The James Holmes trial, which had been scheduled to begin with jury selection in February, 2014, has been postponed so attorneys can argue whether the Aurora gunman should undergo further psychiatric evaluation, The Associated Press reported. A new date has yet to be given.
The 25-year-old Holmes has been charged with killing 12 people an injuring 70 at a crowded movie theater in Aurora Colorado on July 20, 2012. He has has pleaded not guilty by reason of insanity, as prosecutors have said they are seeking the death penalty against him.
Holmes underwent a mandatory sanity evaluation at a hospital last year, prosecutors said on Thursday. They want a review of of one of three conclusions, The AP also reported.
"Most court-ordered sanity evaluations look at whether the defendant is mentally competent to stand trial; has an impaired mental condition or mental illness; and was insane at the time of the crime," The AP reported, citing Karen Steinhauser, a former federal prosecutor. Steinhauser is not involved in the case.
Colorado law defines insanity as the inability to tell the right from wrong, "so a defendant could have mental illness but still be legally sane," The AP also reported. Holmes' mental condition at the time of committing the murders is vital in terms of determining of whether he could receive the death penalty.
"It could be difficult for prosecutors to convince a jury to convict him of murder and sentence him to death because of the difficulty in making the distinction between mental illness and insanity," The AP reported.
Arapahoe County District Judge Carlos Samour ordered both sides to submit written psychiatric evaluation. Hearings are scheduled for December 17 and 18, according to news reports.
Holmes has pleaded not guilty by reason of insanity to more than 160 counts murder and attempted murder. While his lawyers acknowledge that he was the shooter on the night of July 20, 2012, they say that their client was having a psychiatric episode, which is different than being insane.
The judge wrote in October in a court order that potential jurors "should plan to be available to serve on this case for six to eight months."
"Six to eight months is an extremely long time, especially in Colorado," attorney David Beller told ABCNews.com in October.
"It's very, very rare for there to be a lengthy trial like that. Colorado does not bring death penalty cases very often and even less often actually imposes it. However, this crime is obviously particularly horrific," added Beller.
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