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Prosecutors seek further Holmes sanity evaluation

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DAN ELLIOTT | November 18, 2013 06:01 PM EST | AP

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DENVER (AP) — Prosecutors in the Colorado theater shootings want defendant James Holmes to undergo further sanity evaluation, suggesting the 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 further evaluation if the first one found Holmes was sane.

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

The first evaluation was conducted by the state hospital. 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.