Bill Robles / NBC News
James Holmes may plead not guilty by reason of insanity later this month, court filings made public Friday suggested.
Lawyers for the Colorado theater shooting suspect have indicated their client might plead not guilty by reason of insanity.
In court documents made public Friday, James Holmes' attorneys want the judge to declare portions of the state's insanity defense laws unconstitutional.
The filings say the laws in which a defendant may waive their right to remain silent and reveal confidential medical information should be unconstitutional in cases involving the possibility of execution.
Attorneys also say not knowing whether prosecutors will seek the death penalty directly impacts what type of plea to enter at the March 12 arraignment or what type of defense to use.
Holmes is charged with multiple counts of first-degree murder and attempted murder in the July 20 Aurora theater shooting that killed 12 people and wounded 70.