DENVER (AP) – The judge in the Colorado theater shootings case has rejected three more defense attempts to rule out the death penalty if defendant James Holmes is convicted.

The judge on Friday denied motions arguing that execution would violate the state and federal constitutions because there was no grand jury indictment.

Colorado law allows prosecutors to file charges themselves or through a grand jury. No grand jury was convened for Holmes.

Holmes is charged with killing 12 people and injuring 70 in the 2012 assault on a Denver-area movie theater. He pleaded not guilty by reason of insanity. Prosecutors are seeking the death penalty.

The trial is scheduled to start in October with jury selection.

Defense lawyers have made multiple attempts to bar the death penalty, and so far all have failed.

(© Copyright 2014 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

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