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Nov 18, 2013 5:05 PM by Jennifer Horbelt

Prosecutors seek new sanity evaluation for Holmes

DENVER (AP) - Prosecutors in the Colorado theater shooting case want defendant James Holmes to undergo another sanity evaluation, suggesting that first evaluation might have found he was insane.

Court records made public Monday show that prosecutors made the request Friday.

The findings of the first evaluation haven't been publicly disclosed, but longtime Denver defense attorney Dan Recht says it's highly unlikely prosecutors would ask for another one if the first one found Holmes was sane.

Holmes pleaded not guilty by reason of insanity to charges of killing 12 and injuring 70 in 2012. Prosecutors are seeking the death penalty.

The first evaluation was conducted by the state hospital in Pueblo. A finding of insanity would make it much harder for prosecutors to persuade a jury to convict Holmes of murder and sentence him to death.

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