CENTENNIAL, Colo. (CBS4) – Prosecutors are methodically building a case that James Holmes knew right from wrong when he planned and carried out the deadly Colorado theater shooting, hoping to convince jurors that he should be convicted and executed and not sent to a mental hospital.

12:15 p.m. (MDT)

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The Colorado theater shooting trial is in recess for lunch, and the judge says he’ll use the break to think about an undisclosed issue that came up as soon as a state-appointed psychiatrist gave his opinion about James Holmes’ sanity.

Before discussing the details of his 22 hours of interviews with Holmes, William Reid gave his conclusion: that Holmes was able to form intent and knew the consequences of what he was doing at the time of the July 2012 attack.

That prompted the defense to ask to talk privately with Judge Carlos Samour and prosecutors about Reid’s comments.

Samour earlier set some ground rules about what Reid could and couldn’t say about Holmes’ mental state. It’s possible the defense thinks he violated them.

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11:45 a.m. (MDT)

The second of two state-appointed psychiatrists who examined the Colorado theater gunman believes James Holmes knew the consequences of his actions.

William Reid says: “Whatever he suffered from, it did not prevent him from forming intent and knowing the consequences of what he was doing.”

James Holmes with this defense team in court (credit: CBS)

James Holmes with this defense team in court (credit: CBS)

The comment led the defense to object, and lawyers are talking to the judge privately about it.

But before Reid took the stand Thursday, Judge Carlos Samour said the psychiatrist wouldn’t be able to say whether Holmes had a particular mental state at the time of the July 2012 mass shooting.

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Holmes has pleaded not guilty by reason of insanity in the Aurora movie theater attack, which killed 12 people and injured 70.

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11:30 a.m. (MDT)

The second of two state-appointed psychiatrists who examined the Colorado theater gunman is testifying at James Holmes’ trial in suburban Denver.

Excerpts of William Reid’s 22 hours of videotaped interviews with Holmes were played on the trial’s opening day. In one, Holmes called people wounded in the attack “collateral damage.”

District Attorney George Brauchler told jurors at the time that Reid concluded Holmes was legally sane.

But before Reid took the stand Thursday, Judge Carlos Samour said Reid won’t be able to say whether Holmes had a particular mental state at the time of the July 2012 mass shooting.

Holmes has pleaded not guilty by reason of insanity in the attack at an Aurora movie theater that killed 12 people and injured 70.

Under Colorado law, the burden of proof is on prosecutors to convince jurors that Holmes was sane and knew right from wrong.

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