James Holmes To Be Evaluated At State Mental Hospital

Credit: KCNC
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Aurora theater shooting suspect James Holmes is being moved to Pueblo as he prepares to undergo a mental evaluation.

This on the heels of a judge's decision to accept Holmes' plea of not guilty by reason of insanity.

Holmes will be examined by the Colorado Mental Health Institute in Pueblo, which has asked to review evidence in the case before meeting with the suspect. The judge has set Aug. 2 as a tentative date for the exam to be completed, but has said he is willing to move it back if necessary.

If the mental institute finds Holmes legally insane, those findings will only be used as evidence, not the final word on his condition. Whether or not he was insane at the time of the shooting, and whether he is guilty or innocent still rests in the hands of the jury.

If Holmes is found not guilty by reason of insanity, he will remain institutionalized in Pueblo indefinitely, with an outside chance of release if a doctor decides his sanity was restored.

If found guilty, jurors will decide whether or not to sentence him to death.

One of the victims told the Associated Press that he does not believe Holmes was insane last summer when he opened fire in a crowded theater--but is relieved to see the case moving forward.