- Associated Press - Wednesday, October 8, 2014

DENVER (AP) - Defense attorneys in the Colorado theater shootings are asking the judge to bar emotional testimony from victims during the penalty phase of the trial.

In a motion released Wednesday, the defense also requested that the judge tell jurors they may consider only rational arguments in deciding a sentence, not sentiment or sympathy for victims.

James Holmes pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 in the July 2012 attack.

Another defense motion asks the judge and prosecutors not to use “guilt phase” or “death phase” to describe the trial.

They argue the phrases violate Holmes’ right to a fair trial. They say neither the judge nor prosecutors have used the phrases often.

Prosecutors have until Friday to respond.

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