Frequently, the document says, he was kept in restraints.
The defense motion asks the court to order the Arapahoe County Sheriff's Office to preserve a video recording of Holmes at the hospital. The attorneys write that they learned the video exists on Feb 19.
"'When the defendant was taken to Denver Health Medical Center, that facility was equipped with their own CCTV cameras/video. (An investigator) said that ACSO did obtain a copy of the video from DHM, but was not going to release it to defense counsel because ACSO had obtained it from Denver Health Medical," the defense wrote, quoting a document provided to them in the discovery process.
Holmes' attorneys wrote that both the defense and prosecution have requested copies of the video, but were informed the sheriff would not be releasing it. They ask the court to either order the sheriff to preserve the video or to require it be sealed and turned over to court for preservation.
7NEWS has previously reported information from sources saying Holmes was taken somewhere for evaluation sometime during November because he purposely hit his head on the wall and floor of his cell. According to a footnote in the new document, that was a separate incident.
Holmes is scheduled to enter a plea on Tuesday for 166 charges related to his allegedly opening fire in a crowded movie theater during a July 20 midnight premier of "The Dark Knight Rises." Twelve people were killed, 58 were wounded and 12 others were injured fleeing the theater.
-- Insanity plea --
Also Friday a judge denied a filing by Holmes' lawyers questioning the constitutionality of the State's insanity plea. The judge did agree, however, to a defense request to advise Holmes of the consequences of pleading "not guilty by reason of insanity."
In that advisement the judge makes it clear that Holmes must prove mental disease, which "includes only those severely abnormal mental conditions that grossly a demonstrably impair a person's perception or understanding of reality."
The judge also notes that "an abnormality manifested only by repeated criminal or antisocial conduct" is not a defense.
The DA still has about two months to decide if he'll seek the death penalty.