Judge will allow James Holmes' attorneys to argue for 'heightened standards of fairness'

CENTENNIAL, Colo. - The judge overseeing the movie theater shooting case has granted a defense motion to add a hearing about fairness to next week's court schedule.

Accused shooter James Holmes and his defense were already expected to argue that they be allowed to change the current not guilty plea to not guilty by reason of insanity. That hearing is scheduled to begin at 9 a.m. Monday.

Judge Carlos Samour wrote Friday that he would add to the scheduled appearance the defense's requested hearing about "heightened standards of fairness and reliability to all aspects of this capital case."

Samour noted that the prosecution had objected to the defense's motion, but had not filed a written response. The response, however, is posted on the site hosting the case's public documents.

Samour had offered to delay the hearing if the prosecution wanted to file a response, but that doesn't appear to be necessary.

Holmes, a 25-year-old former University of Colorado graduate student, 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.

Prosecutors declared on April 1 they would seek the death penalty.

-- Read the defense's motion: http://ch7ne.ws/10CVLXB

-- Read the judge's order: http://ch7ne.ws/11quUWo