Colorado movie massacre suspect to be formally chargedColorado prosecutors will file formal charges Monday against James Holmes, the former neuroscience student accused of killing a dozen people and wounding 58 others at an Aurora movie theater.Holmes, who could face the death penalty, is expected to be charged with 12 counts of first-degree murder, and up to 58 counts of attempted first-degree murder. But prosecutors could tack on a raft of other charges, including extreme indifference to the value of human life and burglary. While the 24-year-old Holmes is not expected to make a plea — and may not even speak in court — one seasoned former prosecutor said everything points to an insanity plea."I don’t think it’s too hard to predict the path of this proceeding," said Craig Silverman, a former chief deputy district attorney in Denver. "This is not a whodunit. … The only possible defense is insanity."The attorneys will also argue over a defense motion to discover the source of leaks to the media that Holmes sent a package containing a chilling notebook to his psychiatrist, Dr. Lynne Fenton. FoxNews.com was the first to report the existence of the notebook, which authorities seized July 23 after finding it in the mailroom of the medical campus where Holmes studied. The hearing is at 9:30 a.m. local time.Photo Credit: (RJ Sangosti/Reuters)

Colorado movie massacre suspect to be formally charged

Colorado prosecutors will file formal charges Monday against James Holmes, the former neuroscience student accused of killing a dozen people and wounding 58 others at an Aurora movie theater.

Holmes, who could face the death penalty, is expected to be charged with 12 counts of first-degree murder, and up to 58 counts of attempted first-degree murder. But prosecutors could tack on a raft of other charges, including extreme indifference to the value of human life and burglary. While the 24-year-old Holmes is not expected to make a plea — and may not even speak in court — one seasoned former prosecutor said everything points to an insanity plea.

"I don’t think it’s too hard to predict the path of this proceeding," said Craig Silverman, a former chief deputy district attorney in Denver. "This is not a whodunit. … The only possible defense is insanity."

The attorneys will also argue over a defense motion to discover the source of leaks to the media that Holmes sent a package containing a chilling notebook to his psychiatrist, Dr. Lynne Fenton. FoxNews.com was the first to report the existence of the notebook, which authorities seized July 23 after finding it in the mailroom of the medical campus where Holmes studied. The hearing is at 9:30 a.m. local time.

Photo Credit: (RJ Sangosti/Reuters)