Prosecutors in Colo. theater shootings: Death penalty, insanity laws are clear, constitutional

CENTENNIAL, Colorado — Prosecutors in the Colorado theater shootings say laws on insanity and the death penalty are constitutional and don't need any of the explanations requested by the defense.

Attorneys for the state filed their response Wednesday to motions by James Holmes' lawyers saying the laws are vague. The defense also argues the laws violate Holmes' rights by possibly barring him from calling witnesses to testify about his mental health during the trial's penalty phase.

FILE - James Holmes, Aurora theater shooting suspect, sits in the courtroom during his arraignment in Centennial, Colo., in a Tuesday, March 12, 2013 file photo. Holmes' lawyers plans to ask a judge on Monday, May 13, 2013 to enter a plea of not guilty by reason of insanity, a move that is widely seen as Holmes' best hope of avoiding the death penalty. (AP Photo/Denver Post, RJ Sangosti, Pool, File)

Holmes is charged with killing 12 at a movie theater in July. Prosecutors are seeking the death penalty.

A judge entered a standard not guilty plea on Holmes' behalf. He wants to change that to not guilty by reason of insanity.

The judge must approve the change after ruling on defense objections to the laws.

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