Hearing set on sanity exams for James Holmes

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CENTENNIAL, Colo. — Colorado theater shooting defendant James Holmes will return to court in late January for a hearing on prosecutors’ request that he undergo additional psychiatric examination.

The judge set the new date Wednesday. The hearing was to take place this week, but the judge postponed it after saying the defense had made contradictory statements about its request.

Holmes pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 in the 2012 attack. Holmes’ trial has been postponed indefinitely while attorneys argue over whether he should get further psychiatric evaluation.

Defense lawyers, meanwhile, said they haven’t decided whether to appeal a New York State Court of Appeals ruling that New York-based Fox News reporter Jana Winter doesn’t have to testify on a side issue in the case.

Citing anonymous sources, Winter reported last year that Holmes sent his psychiatrist a notebook containing violent images.

The defense said whoever spoke to Winter violated a gag order. They want Winter to identify her sources so they can be disciplined.