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Shooting suspect James Holmes 'unable' to appear in court; hearing postponed

By the CNN Wire Staff
updated 8:30 AM EST, Sun February 17, 2013
A hearing for Colorado theater shooting suspect James Holmes was postponed Thursday.
A hearing for Colorado theater shooting suspect James Holmes was postponed Thursday.
  • NEW: Defense attorneys tell judge Holmes was taken to hospital, CNN affiliate reports
  • Holmes' attorneys say he developed condition rendering him unable to attend hearing
  • Judge postpones hearing until December 10
  • Holmes is accused of killing 12 people, wounding 58 on July 20 in Aurora, Colorado, theater

(CNN) -- A judge has postponed a Thursday hearing for Colorado movie-theater shooting suspect James Holmes after Holmes' attorneys claimed he was unable to attend, citing an unspecified condition they said he developed.

Judge William Sylvester agreed Wednesday to move the motions hearing to December 10, according to Rob McCallum, a Colorado Judicial Department spokesman.

Holmes is accused of killing 12 people and wounding 58 during a midnight screening of the Batman film "The Dark Knight Rises" July 20 at an Aurora cinema.

Holmes' attorneys requested the delay, filing a motion that said because of "developments over the past 24 hours, Mr. Holmes is in a condition that renders him unable to be present in court for tomorrow's hearing."

At a hearing Wednesday to discuss the request, defense attorneys told the judge that Holmes was taken to a hospital but still did not specify his condition, saying his medical or pyschiatric statuses were privileged information, according to CNN affiliate KMGH.

"It's not as simple as a migraine and not as simple as 'will be resolved in the morning,'" defense attorney Tamara Brady said, according to KMGH.

The motion did not specify the condition. No other details about his condition have been released; attorneys and officials in the case are under a gag order.

The shooting unfolded inside a darkened theater packed with Batman fans, some in costume, for the premiere of the movie. Holmes is accused of murder, attempted murder, weapons violations and other charges.

More: Colorado judge denies victims access to Aurora theater rampage documents

Aurora survivor applauds gun discussion, candidate answers disappoint

CNN's Carma Hassan contributed to this report.

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