Lawyers: Holmes could withdraw insanity plea after they see results of mental evaluation

Lawyers for Colorado theater shooting suspect James Holmes say they might withdraw his plea of not guilty by reason of insanity after they see the results of his mental evaluation.

The defense made the statement in a motion filed Tuesday. The motion didn't say what plea Holmes would enter if he changes.

Nor did the motion indicate what kind of a result would cause the defense to drop the insanity plea, but presumably it would be a finding that he was sane.

Holmes is accused of opening fire in a crowded Denver-area movie theater in July, killing 12 and injuring 70. He's charged with multiple counts of murder and attempted murder. Prosecutors are seeking the death penalty.

Colorado law requires Holmes to undergo the sanity evaluation under the insanity plea.