DENVER (AP) – The judge in the Colorado theater shootings has upheld another state law used to charge the suspect, James Holmes.
The judge on Monday said the law defining attempted murder with extreme indifference is constitutional.
Holmes’ lawyers had argued the charge is unconstitutional because it’s the same as assault with extreme indifference but carries harsher penalties.
Last week, the judge upheld a similar law defining murder with extreme indifference.
Holmes is accused of killing 12 people and injuring 70 at a suburban Denver theater in July 2012.
In addition to 24 counts of murder, he’s charged with 70 counts of attempted murder with extreme indifference and 70 counts of attempted murder with deliberation.
He pleaded not guilty by reason of insanity. Prosecutors are seeking the death penalty.
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