University of CO/Splash News Online
03/12/2013 at 06:35 PM EDT
The judge in the deadly Colorado movie theater shooting
case entered a not guilty plea on behalf of James Holmes on Tuesday after the former graduate student's defense team said he was not ready to enter one.
If Holmes is convicted, he could be executed or spend the rest of his life in prison. Judge William Sylvester said Holmes, 25, can change his plea to not guilty by reason of insanity later, if he chooses.
Such a change could be the only way Holmes could avoid life in prison or execution.
Prosecutors, for their part, have not said yet whether they will pursue the death penalty, announcing Tuesday that they will make their decision known on April 1.
The judge set Aug. 5 for the start of the trial. Prosecutors and defense attorneys declined comment.
As he has done in past hearings, Holmes sat silently through Tuesday's proceedings in Centennial, Colo. He wore a red jail jumpsuit and sported a thick, bushy beard and unkempt dark brown hair.
When he walked into the courtroom, he looked at his parents, Robert and Arlene Holmes. They sat silently at the front of the room and left without comment after the hearing.
Holmes is charged
with 166 counts, mostly murder and attempted murder, in the July 20 attack on moviegoers at a midnight showing of The Dark Knight Rises
in the Denver suburb of Aurora that killed 12 people and injured 70.