By Daniella Silva and Kevin Watters, NBC News, Nov. 22, 2013
[....] His attorneys have not disputed that he committed the shootings but have entered plea of not guilty by reason of insanity. Prosecutors are seeking the death penalty [....]
Prosecutors are challenging at least one of three aspects in the states’ first mental health evaluation and are seeking another examination. The findings of the evaluation have not been publically disclosed but the fact that prosecutors want further evaluation suggests the first exam might have found Holmes was insane.
If Holmes were found by jurors to have been insane at the time of the shooting, he would be committed to state hospital instead of prison. As such, the findings of any psychiatric evaluations are crucial to the case [....]