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Judge Napolitano: If James Holmes Goes to Trial, Government's Case Could Take Twice As Long to Present

Prosecutors presented graphic testimony Wednesday against accused movie theater shooter James Holmes at his preliminary hearing. Holmes is accused of killing 12 people and wounding 58 inside an Aurora, Colo., movie theater in July.

Among the new evidence presented against Holmes were cell phone pictures that he is alleged to have taken of the theater weeks prior to the massacre. Other photos showed Holmes on a date the day before the murders, while another showed him wearing black contact lenses, smiling and holding a gun.

Analysts expect Holmes to end up pleading not guilty by reason of insanity and opting to go to trial. On Studio B today, Shepard Smith spoke about the case with Judge Andrew Napolitano.


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The judge explained that prosecutors are trying to present enough evidence to convince Holmes' attorneys that he would be better off pleading guilty in exchange for a life sentence, and therefore sparing the victims and witnesses the trauma of having to relive the shootings in court. The judge then explained why the trial in this case would be so long.

"In Colorado, he does not have to prove that he was insane, the government has to prove that he was sane. That's a difficult burden to overcome. They know how to do it, they've done it before, but that makes their case twice as long and twice as expensive when they have that burden to meet," said Napolitano.

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