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James Holmes to be Charged Monday in Colorado 'The Dark Knight Rises' Massacre

Jul 30, 2012 11:45 AM EDT | By Staff Reporter

Colorado prosecutors planned to file formal charges Monday against James Eagan Holmes, the man accused of killing 12 people and wounding 58 others at an Aurora movie theater at a midnight screening of "The Dark Knight Rises."

Holmes, 24, has been in police custody for 10 days, but prosecutors delayed charging him as investigators and police continued their investigation into the massacre.  Holmes is being represented by public defenders Daniel King and Tamara Brady, and his mental health is expected to be at the heart of the case.

Police have described the crime as a methodical attack that took months of planning, during which Holmes purchased weapons and stockpiled other gear. Monday's hearing could reveal whether prosecutors plan to pursue the death penalty.

Attorneys will also argue at this morning's hearing over a defense motion to find out who leaked information to the media about a package Holmes allegedly sent to his psychiatrist at the University of Colorado, Denver.

Authorities seized the package on July 23, three days after the shooting, after finding it in the mail room of the medical campus where Holmes studied in Colorado. Several media outlets reported that the package contained a notebook with descriptions of an attack, but Arapahoe County District Attorney Carol Chambers said in court papers that the parcel hadn't been opened by the time the "inaccurate" news reports appeared, The Associated Press reported.

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Investigators said Holmes began stockpiling materials for the attack four months ago and purchased the weapons used at the crime scene already in May and June. Holmes was arrested by police outside the movie theater.

At Holmes's last hearing, cameras were allowed in the courtroom showing him with bright orange hair and he had a seemingly dazed and confused expression. He also appeared to nod off and not be paying attention at times.  For Monday's hearing, District Court Judge William Blair Sylvester has barred cameras and all electronic equipment from the courtroom.

The Court judge has also issued a gag order on the attorneys and law enforcement agencies involved in the case, sealed court records and barred the university from releasing relevant public records to the media.

he Washington Post and other news organizations are contesting the judge's decision to seal the records filed by the prosecution and defense in Holmes's case.

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