Preliminary hearing Monday will decide if Aurora theater shooting suspect James Holmes faces trial

Dozens shot at midnight showing of Batman

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Holmes sits with his attorney Tamara Brady in the courtroom on Dec. 10. After the hearing, Brady said she planned to subpoena the reporter who wrote about what was in Holmes' notebook. (Sketch artist: Bill Robles)
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Posted: 01/02/2013
Last Updated: 138 days ago

CENTENNIAL, Colo. - At a status hearing on Wednesday, prosecutors and defense lawyers in the Aurora theater shooting case said they are ready for a preliminary hearing on Monday.

At that preliminary hearing, prosecutors are expected to outline their case against the defendant, James Holmes. Chief judge William Sylvester will then decide if the evidence is sufficient to put Holmes on trial.

Holmes is charged with killing 12 people and wounding 70 on July 20 at a showing of the Batman movie "The Dark Knight Rises."

At the preliminary hearing, prosecutors said they will play the 911 calls made the night of the shooting and will show some of the 30 hours of video from the theater.

Holmes faces 166 charges in connection with the shooting.

Because there are so many victims, prosecutors said they will have a chart for the judge listing each victim by name, the theater they were in and the injuries they suffered.

Prosecutors said they will present their case for each injured victim in alphabetical order. They did not say how they would handle the victims who were killed in the shooting.

In each case, the prosecutors must meet four criteria for the charge to go forward, however, no one specified in court what that criteria is.

Also in court Wednesday, prosecutors asked to argue People's motion No. 35 at the bench.

"Because of the sensitive and unique nature of People's 35, I would like to argue this at the bench," said prosecutor Rich Orman.

After a 10 minute conference at the judge's desk, the judge said he would issue a ruling on the issue today, but did not release any information about the nature of people's 35.

Holmes hasn't yet entered a plea. A defense attorney at Wednesday's hearing said the defense team already objects to any hearsay evidence that prosecutors plan to present in court next week.

The preliminary hearing is scheduled to last two days -- next Monday and Tuesday, but could go through the week.

7NEWS reporter Marshall Zelinger said Holmes was in court Wednesday. Zelinger said Holmes has longer hair, a bushy beard and looked disinterested in the proceedings.

Copyright 2012 Scripps Media, Inc. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.


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