Amidst the fatal Colorado theater shootings last year, suspect James Holmes is expected to stand trial. The shootings caused the deaths of 12 people and the injury of 70 others. Evidence is so strong that many believe a plea agreement can be accepted even before a trial occurs, but legal analysts believe this may well be simply an opportunity for the defendant's lawyer to gather information regarding the trial.
Preliminary hearings "are often the first step to resolving the case, a mini-trial so both sides can see the writing on the wall," Levenson said.
Judges rarely throw out a case at this stage because prosecutors must only meet a "probable cause" standard — much lower than the "beyond a reasonable doubt" standard for a guilty verdict at trial, said Mimi Wesson, a professor of law at the University of Colorado Law School.
The suspect has had over 160 counts of first-degree murder and attempted murder and it is very unlikely that the defendant will avoid a guilty plea.
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