Aurora Theater Shooting Memorial
A makeshift memorial sits across from the site of the July 2012 shooting at an Aurora, Colo., movie theater. Suspect James Holmes is due back in court next week. Creative Commons

The defense in the case of accused mass murderer James Holmes has lost their fight to stall proceedings over the implementation of Colorado's insanity defense guidelines. Chief District Judge William Sylvester approved the use of the plea as is, after lawyers for Holmes challenged the constitutionality of the process.

The defense stated that if Holmes was to plea not guilty by reason of insanity, his mental health records would be revealed to the court, nullifying doctor-patient privilege. They said this process would endanger his fifth amendment right barring self-incrimination, as well as his right to remain silent in court. The prosecution argues that the defense of insanity has been upheld in previous cases in the Centennial State and needed no adjustment at this time.

Holmes, a graduate student at the University of Colorado, Denver, is accused of bringing multiple weapons to an Aurora, Colo., premiere of "The Dark Knight Rises" and opening fire on moviegoers last year. ABC News reports he will enter an official plea next week. It is unknown whether the State of Colorado will pursue the death penalty.

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