Last week, defense attorneys publicly acknowledged for the first time that they were considering an insanity plea.
An insanity plea is at the intersection of law and psychology or psychiatry.
FORBES: Holmes Wants to Plead Insanity For Colorado Theater Shooting. What Does Insanity Mean?
But an insanity plea could make such a move harder, said David Beller, an attorney who is not connected to the case.
CNN: Judge enters not guilty plea for accused theater shooter
Because the facts seemed so bizarre, I wondered if there was more to this story, especially because the state reportedly had decided to accept the insanity plea.
FORBES: Prosecutors Taking Another Look at "Red Bull" Murder Defense
On Monday, a judge ruled that Holmes will also have to agree to be drugged by doctors to assess his condition if he enters an insanity plea.
Paul Callan, a criminal defense attorney and a former prosecutor, and Jeff Gardere, a clinical and forensic psychologist, said on CNN's "American Morning" on Tuesday they have doubts that an insanity plea would stand.
"If he enters the not guilty by reason of insanity plea, he's going to be examined by state doctors and any statement he makes to those state doctors are given to the prosecution for potential use later, " Beller said.
Analysts initially expected Mr Holmes to enter a plea of not guilty by reason of insanity.
BBC: Aurora shooting: Not guilty plea entered for James Holmes
If Holmes does change his plea to not guilty by reason of insanity, Colorado law gives prosecutors access to some of his medical records.
The notebook Winter reported on could play a key role in determining Holmes' fate, especially if he changes his plea to not guilty by reason of insanity.
Holmes can still change his plea to not guilty by reason of insanity, and he can wait to do so until after prosecutors announce whether they will seek the death penalty.
In court documents, Holmes' attorneys had suggested that they might enter a plea of not guilty by reason of insanity for the shooting rampage at the theater that left 12 people dead and 58 injured on July 20, 2012.
CNN: Judge enters not guilty plea for accused theater shooter
Actually, he first claimed the killing was in self-defense (his father was 83), but later changed that plea to one of Red-Bull-induced temporary insanity.
FORBES: Prosecutors Taking Another Look at "Red Bull" Murder Defense
The judge entered a not guilty plea on Holmes' behalf but said the defense could ask to change that to not guilty by reason of insanity if Holmes chooses.
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