Holmes' lawyers admit he committed Aurora theater crime

CENTENNIAL, Colo. - Lawyers for accused Aurora theater shooter James Holmes admit in a court filing released Wednesday that he killed 12 people and wounded many other moviegoers last year.

In the filing, Holmes' lawyers say he was "in the throes of a psychotic episode" at the time of the shootings.

Holmes has pleaded not guilty by reason of insanity to 166 counts in connection with the July 20, 2012 attack at the Century 16 movie theater.  He was scheduled to undergo a lengthy mental examination, as a result of his plea.

"[T]he evidence revealed thus far in the case supports the defense's position that Mr. Holmes suffers from a severe mental illness and was in the throes of a psychotic episode when he committed the acts that resulted in the tragic loss of life and injuries sustained by moviegoers on July 20, 2012," the motion states, but says other than the attack, " there is no evidence that Mr. Holmes presents a danger to the safety of the courtroom or a flight risk of any kind."

"It's not surprising. We've all known since he pleaded not guilty by reason of insanity that they were going to admit the acts," said legal analyst Dan Recht. "They're not going to dispute who did this, the question's going to be was Holmes psychotic and therefore was he insane?"

His lawyers are asking that he not be physically tethered to the floor during his trial. They call the plan to restrain him "troubling and inhumane."

The judge who will hear the case countered that "it is not appropriate to allow him to be unrestrained at trial."

Holmes' trial is set to begin next February.  The prosecution is seeking the death penalty, if he is found guilty of first-degree murder.

Read the court filing: ch7ne.ws/1540gin