Aurora theater shooter plea change expected today

James Holmes accused of killing 12, wounding 58

CENTENNIAL, Colo. - (Please click here for updated story: http://www.thedenverchannel.com/news/local-news/aurora-theater-shooting-suspect-james-holmes-enters-not-guilty-by-reason-of-insanity-plea)

Aurora theater shooting suspect James Holmes is expected to change his plea in court Monday.

Last week, Holmes' defense filed a motion to enter a not guilty by reason of insanity plea. 

Holmes, a 25-year-old former University of Colorado graduate student in neuroscience, is charged with 166 counts in the July 20 massacre. The shooting, which occurred during a showing of the "The Dark Knight Rises," left 12 moviegoers dead and injured 70 people.

If Holmes changes to that plea, he would be sent to the state mental hospital for evaluation.

The original judge on the case, Judge William Blair Sylvester, said in court documents in March, that if Holmes pleaded not guilty by reason of insanity, he could be medicated for his medical examinations.

Judge Sylvester also said:

- That by pleading not guilty by reason of insanity, Holmes waives any claim of confidentiality or privilege with physicians or psychologists.

- That the court will order an examination to determine sanity and commit Holmes for a sanity examination, specifying the place and place of commitment. It may be a hospital in Denver, the state mental health institute in Pueblo, Arapahoe County jail or another facility.

- If Holmes is found not guilty by reason of insanity, the court will commit him to the custody of the Department of Human Services until he is found eligible for release.

- Holmes will be observed and examined by one or more psychiatrists.

- Holmes will cooperate with psychiatrists and other personnel conducting any examination ordered by the court.

- Confessions, admissions, medical history and social history may be used to question Holmes.

- Holmes may face a polygraph exam.