Judge delays decision on Holmes insanity plea

Defense lawyer Dan King addresses Judge Carlos Samour on May 13 as James Holmes sits at the defense table. (drawing courtesy of Bill Robles)
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CENTENNIAL, Colo. (AP) -- Lawyers for the Colorado theater shooting suspect say he wants to change his plea to not guilty by reason of insanity, but a judge won't rule on whether to allow that yet.

Attorney Daniel King made the request in court on Monday, saying they now have a diagnosis for James Holmes. He didn't specify what it was.

Holmes is charged with murder and attempted murder in the July 20 attack in Aurora that killed 12 and injured 70

The judge said he would consider arguments first about constitutional questions the defense has raised about Colorado's insanity law. He's expected to decide whether to accept a new plea sometime before a May 31 hearing.

Holmes had bushy hair and beard at Monday's hearing. He didn't speak at all.