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James Holmes, Aurora theater shooting suspect, sits in the courtroom during his arraignment in Centennial, Colo., in a Tuesday, March 12, 2013 file photo. Holmes' lawyers plans to ask a judge on Monday, May 13, 2013 to enter a plea of not guilty by reason of insanity, a move that is widely seen as Holmes' best hope of avoiding the death penalty. (AP Photo/Denver Post, RJ Sangosti, Pool, File)

Holmes lawyers try to clear path for insanity plea

Holmes needs the court's permission to change his plea because a judge entered a standard not guilty plea on his behalf in March.

Reggie Bicha, Executive Director of the Colorado Department of Human Services, stands in his office in Denver, Thursday May 16, 2013. After the Denver area movie theater massacre in 2012, the state's governor and health officials began talking about revamping a mental health system that had been devastated by budget cuts. On Thursday, the governor signed into law an expansion of mental health services which Bicha helped shape in hopes of preventing future violence by the mentally ill. (AP Photo/Brennan Linsley)

Aurora theater attack prompts new state mental health law

Lawmakers budgeted nearly $20 million for the expansion, which includes more short-term residential services

In this March 12, 2013 file photo, James Holmes, left, and defense attorney Tamara Brady appear in district court in Centennial, Colo. for his arraignment. Lawyers for Holmes, the man accused of killing 12 people and injuring 70 in a Colorado movie theater, said Tuesday May 7, 2013 he wants to change his plea to not guilty by reason of insanity. (AP Photo/The Denver Post, RJ Sangosti, Pool, File)

MIND CHANGED: Holmes defense team wants to plead insanity, judge likely to accept plea

Holmes is scheduled for trial in February 2014, but that date could be pushed back as Holmes is sent to the Colorado Mental Health Institute at Pueblo for evaluation.

Holmes prosecutors: Laws are clear, constitutional

CENTENNIAL | Prosecutors in the Colorado theater shootings say laws on insanity and the death penalty are constitutional and don’t need any of the explanations …

James Holmes, Aurora theater shooting suspect, sits in the courtroom during his arraignment in Centennial, Colo., in a Tuesday, March 12, 2013 file photo. Holmes' lawyers plans to ask a judge on Monday, May 13, 2013 to enter a plea of not guilty by reason of insanity, a move that is widely seen as Holmes' best hope of avoiding the death penalty. (AP Photo/Denver Post, RJ Sangosti, Pool, File)

Insanity plea by Holmes holds risks for both sides

CENTENNIAL | One of James Holmes’ lawyers asked a judge on Monday to change his plea to not guilty by reason of insanity in the …

FILE - In this March 12, 2013 file photo, James Holmes, left, and defense attorney Tamara Brady appear in district court in Centennial, Colo. for his arraignment. Prosecutors say they are not are ready to accept an offer from Colorado theater shooting suspect James Holmes to plead guilty in exchange for avoiding the death penalty. In a court filing Thursday, March 28, 2013 prosecutors criticized defense attorneys for publicizing Holmes' offer to plead guilty. (AP Photo/The Denver Post, RJ Sangosti, Pool, File)

Arapahoe prosecutors make case for death penalty against Holmes

One of the aggravating factors prosecutors listed Friday is the death of 6-year-old Veronica Moser-Sullivan, the youngest of dead. Another says the slayings were "especially heinous, cruel or depraved."

James Holmes, Aurora theater shooting suspect, sits in the courtroom during his arraignment in Centennial, Colo., on Tuesday, March 12, 2013. Judge William Blair Sylvester entered a not guilty plea on behalf of James Holmes on Tuesday after the former graduate student's defense team said he was not ready to enter one. (AP Photo/Denver Post, RJ Sangosti, Pool)

MIND GAMES: Chasing the insanity defense in the courts

“The ability to organize and carry out a plan doesn’t mean that plan is not based on delusional thinking,” Liza Gold said. “You can have a plan that is delusional.”

Sherry Delaney, right, hugs Arlene Holmes, center, as Robert Holmes, left, looks on as they leave the courthouse in Centennial, Colo., on Monday, April 1, 2013, after attending hearings in the case against their son Aurora theater shooting suspect James Holmes. The prosecution announced they would seek the death penalty against Holmes. (AP Photo/Brennan Linsley)

Prosecutors seek Holmes’ execution in Aurora theater attack

Holmes made eye contact with his parents almost every time he entered the courtroom during the 6-hour-long hearing

District Attorney George Brauchler arrives at district court for a hearing in the case of Aurora theater shooting suspect James Holmes in Centennial, Colo., on Monday, April 1, 2013. Brauchler announced he will seek the death penalty against Holmes. (AP Photo/Ed Andrieski)

Prosecutors seeking death penalty for accused theater shooter James Holmes

"Given all the things I've considered ... In all the information available to me, it's my determination and intention that in this case for James Eagan Holmes, justice is death," said 18th Judicial District Attorney George Brauchler

In this March 12, 2013 file photo, James Holmes, left, and defense attorney Tamara Brady appear in district court in Centennial, Colo. for his arraignment. Prosecutors say they are not are ready to accept an offer from Colorado theater shooting suspect James Holmes to plead guilty in exchange for avoiding the death penalty. In a court filing Thursday, March 28, 2013 prosecutors criticized defense attorneys for publicizing Holmes' offer to plead guilty. (AP Photo/The Denver Post, RJ Sangosti, Pool, File)

Aurora massacre suspect faces execution decision Monday

If the case goes to trial, "all of us victims would be dragged along potentially for years," said Pierce O'Farrill, who was shot three times.