The preliminary hearing to determine whether James Holmes will stand trial for allegedly opening fire and killing 12 people in a crowded Colorado movie theater may not happen until January or February.
This critical hearing was originally scheduled for November, but Holmes’ attorneys asked for more time Thursday to prepare for what could be a weeklong proceeding when prosecutors will provide details of their case so the judge can decide whether there is enough evidence to take the case to trial.
The judge will set the preliminary hearing at the next court date in the case, which is October 25. At that time, he’ll also hear Holmes’ attorneys call witnesses to testify about the prosecution allegedly leaking information to the media, which violates the gag order. The defense is asking for sanctions against the prosecution for providing information to reporters about a notebook Holmes allegedly sent to a psychiatrist hours before the shooting.
The notebook allegedly contains details of how Holmes planned to attack people in the theater during the premiere of “The Dark Knight Rises.”
Holmes is facing more than 150 criminal charges, including 24 counts of first-degree murder. The shooting in July left 12 people dead and 58 wounded.