Prosecutors said they will seek death penalty on advice of family members
The gunman suspected of brutally slaying 12 moviegoers during a screening of The Dark Knight Rises in Aurora, Colorado has appeared in court for the first time looking disheveled and wide-eyed.
James Holmes, 24, who dyed his hair red in a reported bid to look like Batman's arch nemesis The Joker, looked straight ahead in Arapahoe County Courthouse as the judge advised him of the case.
Holmes is being held on suspicion of first-degree murder after he shot dead 12 cinema-goers and wounded 58 in a horrifying shooting spree just after midnight on Friday morning.
The judge ordered the suspected gunman, who some commentators suggested may have been suffering from a lack of sleep, to have no contact with any surviving victims or their relatives
Throughout the advisement, he sat next to Tamara Brady, his assigned public defender. Suspects often interact with their public defenders about the judge's address but Holmes sat silently.
Prosecutors said they are seeking the death penalty for the suspected shooter, a former PhD student described as an outsider who is believed to have recently gone through a break up.
Eighteenth Judicial District Attorney Carol Chambers said that her office will decide whether to pursue the penalty after consultation with victims' families.
Speaking after the court appearance, Chambers said the decision will need to be made within 60 days of Holmes's arraignment. She said the formal charges will be filed against him next Monday.
Chambers added that first-degree murder charges can be filed if a suspect is believed to have 'extreme indifference' to a crime or if it is carried out 'after deliberation'.
Legal experts told the Denver Post that Holmes's attorneys are likely to pursue an insanity defense
And looking at Holmes in court, it is clear the suspected murderer, who stared straight ahead and blinked slowly, did not look quite right.
CNN commentators said it was unlikely he would have been given drugs that would impair his understanding of the judge's comments. Instead, he could have been suffering a lack of sleep.
Of his defense case, former Adams County District Attorney Bob Grant told the Post he saw little option but to plead insanity.
'You just have to imagine that there is something in his psychiatric makeup that will be exploited by his defense team,' he said. 'I don't know what the hell else they are going to say.'
Experts added Holmes is likely to undergo a competency test to see if he is psychologically fit to assist in his defense.
'If in fact he is sane, it's a hopeless case for the defense,' legal analyst, Scott Robinson, said. 'They caught him literally gunpowder-handed with his weapons, with his tactical gear.'David Lane, a lawyer who has represented 25 people charged with death-penalty offenses, added: 'There are some crimes, the nature of which just scream out 'crazy.' This is one of those cases.'
He has been held at the Arapahoe Detention Center since his arrest in the cinema parking lot just moments after the shooting spree on Friday morning.
Jailors at the facility told the New York Daily News the suspect has not shown any remorse for the killings. He has been acting bizarrely ever since arriving and 'thinks he's acting in a movie', they said.
'He was spitting at the door and spitting at the guards,' a released inmate added outside the jail. 'He’s spitting at everything. Dude was acting crazy.'
It comes as new details shed light on a possible motive for the massacre.
It is believed Holmes was due to be kicked out of his flat and may have recently broken up with a girlfriend, while one friend said his addiction to video games meant he had lost touch with reality.
But it could take months to figure out the cause behind the killings; as he waited for his first court appearance, authorities disclosed Holmes is refusing to cooperate.
Before being moved to the courtroom for the hearing, he was held in solitary confinement at an Arapahoe County detention facility.
He was assigned a public defender and Aurora Police Chief Dan Oates said that the suspect has 'lawyered up' since his arrest in the early hours of Friday in the cinema parking lot.
'He's not talking to us,' Oates added.
In regards to a possible motice, Aurora police chief Daniel Oates had hinted that Holmes had recently gone through a break up and that authorities were investigating the claim.
'I’ve heard one morsel of information about a relationship that may or may not be true,' he told CBS' Face the Nation.
'That’s why we have all our investigators working on this. That’s why we brought in the FBI behavioral analysts. They’re going to figure all that stuff out.'
It is also believed that Holmes was due to be evicted from his flat. The 24-year-old, who is now in police custody, pulled out of the university weeks before the deadly attack.
Neighbours told TMZ anyone living in the block had to be enrolled at the university otherwise you had 30 days to evacuate.
It is not known exactly when Holmes stopped going to classes but it is thought he was nearing the end of the 30-day grace period.