** FILE ** This June 4, 2013, file photo shows Aurora theater shooting suspect James Holmes in court in Centennial, Colo. Holmes's lawyers asked the judge Monday, Sept. 30, 2013, to give them more time to file motions and to set deadlines for prosecutors to turn over a list of witnesses they plan to call. (AP Photo/The Denver Post, Andy Cross, Pool, File)

Photo by: Andy Cross

** FILE ** This June 4, 2013, file photo shows Aurora theater shooting suspect James Holmes in court in Centennial, Colo. Holmes's lawyers asked the judge Monday, Sept. 30, 2013, to give them more time to file motions and to set deadlines for prosecutors to turn over a list of witnesses they plan to call. (AP Photo/The Denver Post, Andy Cross, Pool, File)