DENVER (AP) – The judge in the Colorado theater shootings says lawyers for defendant James Holmes don’t have to tell prosecutors in advance what some of their arguments would be during the sentencing phase of his trial if he’s convicted.

The judge on Wednesday denied prosecutors’ request to require defense lawyers to disclose what mitigating factors they will offer.

Separately, the judge said he’ll wait before deciding the details of how he would advise Holmes on his right to make a statement during the sentencing phase.

Holmes pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 at a Denver-area theater in 2012. Prosecutors are seeking the death penalty.

Holmes’ trial date is up in the air while attorneys argue motions about the sanity evaluation his underwent.

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