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Lawyers: Colo shooting suspect can't go to hearing

Associated Press Modified: November 14, 2012 at 7:31 pm •  Published: November 14, 2012

The 24-year-old Holmes is charged with killing 12 people and injuring at least 58 by opening fire in a crowded theater on July 20. A midnight showing of the latest Batman movie was under way at the time.

He's being held without bail and hasn't entered a plea.

The defense said Holmes has a constitutional right to be present at all hearings in his case and argued the Thursday hearing had to be postponed if he is unable to attend.

His mental health has been an issue in the case since shortly after the shootings. His lawyers told the judge in early August, about three weeks after the shootings, that Holmes was mentally ill. They have not said whether he would enter an insanity plea.

Holmes has appeared alternately dazed and alert in previous court appearances. Attorneys have not said whether he is under medication.

He had been seeing a psychiatrist before the shootings.