Defense lawyers, prosecutors in Colo theater shooting resume battle over evidence of insanity

FILE -This June 4, 2013 file photo shows Aurora theater shooting suspect James Holmes in court in Centennial, Colo. Prosecutors and defense attorneys in the Colorado theater shooting case are battling over what evidence can be admitted during Holmes’ murder trial, all in an attempt to build up or tear down the case that he was insane. On Thursday, Oct. 17, 2013 they are scheduled to argue over statements Holmes made to police after he was arrested after the July 2012 shootings and taken to a police station. (AP Photo/The Denver Post, Andy Cross, Pool, File) (The Associated Press)

James Holmes returns to court for another round of skirmishes over what evidence can be used against him when he goes on trial for the Colorado theater shootings.

Pretrial hearings resume Monday.

Defense lawyers and prosecutors are battling over any scrap of evidence that could be used to bolster or weaken Holmes' claim that he was insane at the time of the 2012 Aurora shootings.

Holmes pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70. His lawyers say he was having a psychotic episode.

Prosecutors are seeking the death penalty, but first they must convince a jury that Holmes was sane.

Trial is scheduled to start in February.