Preliminary hearing Monday will decide if Aurora theater shooting suspect James Holmes faces trial

Dozens shot at midnight showing of Batman

CENTENNIAL, Colo. - At a status hearing on Wednesday, prosecutors and defense lawyers in the Aurora theater shooting case said they are ready for a preliminary hearing on Monday.

At that preliminary hearing, prosecutors are expected to outline their case against the defendant, James Holmes. Chief judge William Sylvester will then decide if the evidence is sufficient to put Holmes on trial.

"It's sort of a dry run and they put on some of their witnesses and some of their evidence and the public finds out more detail," said attorney Dan Recht, who's tracking the case.

Holmes is charged with killing 12 people and wounding 70 on July 20 at a showing of the Batman movie "The Dark Knight Rises."

At the preliminary hearing, prosecutors said they will play the 911 calls made the night of the shooting and will show some of the 30 hours of video from the theater.

Holmes faces 166 charges in connection with the shooting.

Because there are so many victims, prosecutors said they will have a chart for the judge listing each victim by name, the theater they were in and the injuries they suffered.

Prosecutors said they will present their case for each injured victim in alphabetical order. They did not say how they would handle the victims who were killed in the shooting.

In each case, the prosecutors must meet four criteria for the charge to go forward, however, no one specified in court what that criteria is.

In a hearing last month, prosecutors told the judge 75 victims would be flying in from out of state. It is unclear how many, if any, will testify.

If some do take the stand, it could provide the defense with information they otherwise might not have received.

"Prosecution witnesses do not have to talk to the defense at other times, so this may be the only opportunity to talk to these witnesses," Recht said.

Also in court Wednesday, prosecutors asked to argue People's motion No. 35 at the bench.

"Because of the sensitive and unique nature of People's 35, I would like to argue this at the bench," said prosecutor Rich Orman.

After a 10 minute conference at the judge's desk, the judge said he would issue a ruling on the issue today, but did not release any information about the nature of people's 35.

Holmes hasn't yet entered a plea. A defense attorney at Wednesday's hearing said the defense team already objects to any hearsay evidence that prosecutors plan to present in court next week.

The preliminary hearing is scheduled to last two days -- next Monday and Tuesday, but could go through the week.

7NEWS reporter Marshall Zelinger said Holmes was in court Wednesday. Zelinger said Holmes has longer hair, a bushy beard and looked disinterested in the proceedings.

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