DA asks for new counts against Aurora theater shooting suspect James Holmes

New total of 166 counts

AURORA, Colo. - In court Thursday, prosecutors asked for new counts to be filed against theater shooting suspect James Holmes.

Once again, Holmes was unresponsive while the proceedings went on around him. Once an infamous shade of orange, his hair is now short-cropped and brown. He also bore a mustache and thick muttonchops.

The 24-year-old is charged with killing 12 people and wounding 58 others in the July 20 shooting in Aurora.

The prosecution made the motion for 14 new counts of criminal attempt to commit murder in the 1st degree, a felony. 5 other counts were amended for victims' names.

That makes a new total of 166 counts.

During Thursday's hearing, defense attorneys requested to be allowed to call witnesses during the court hearing scheduled for Oct. 25. They want the testimony to determine who leaked information about Holmes' notebook to Fox News in violation of a gag order.

The judge hasn't yet approved calling witnesses and the prosecution could delay that testimony if they say they aren't ready on the 25th.

A preliminary hearing, the step in the court process in which a judge determines if there is enough evidence to move to a trial, was also delayed as a result of Thursday's proceedings. The change, made at the request of the defense, means that hearing will likely be moved to either Jan. 7 or Feb. 4.

 "We cannot be ready for a preliminary hearing in November and I don’t think we'll be ready in December," said defense attorney Tamara Brady.

The defense said they've received more than 18,000 pages of discovery and they were warned to expect tens or hundreds of thousands more.

The prosecution said they wanted the preliminary hearing to occur as soon as possible, but also wanted to make sure out of state victims had enough time to plan to attend if they desired.

The court also reviewed a joint request from local media to re-release documents that were excessively redacted. Both the defense and prosecution said they were in favor of redacting the names of the victims, but not in favor of the redactions that covered information that was already public, like sections of a newspaper article.

Prosecuting attorney Lisa Teesch-Maguire said the reason for redacting names was to protect the safety and security of the victims. She said photos are being taken of the victims and their families and spread online by Holmes' followers.

"The media needs to decide if they want to continue to endanger the safety and privacy of victims," she said.

Defense Daniel King quipped: "Few and far between will be the instances that I will stand in this court and agree with" the prosecution.

King said he believed the excessive redactions were done by the court staff being overly cautious.

Court spokesman Rob McCallum, however, told 7NEWS court staff reviewed the redactions but did not add to them.

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