James Holmes
James Holmes

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Thursday was Day 46 of the trial

James Holmes listens to a judge explain his rights then says he won't testify

Jurors have heard 22 hours of interviews a psychiatrist conducted with Holmes two years after the 12 killings

Centennial, Colorado CNN —  

As his mass murder trial nears its end, accused movie theater shooter James Holmes told a judge Thursday that he won’t testify.

Arapahoe County Judge Carlos Samour advised Holmes of his rights and asked him a series of questions about testifying. He was told he would be cross-examined if he chose to testify and that the jury could ask questions, with the judge’s approval.

The 27-year-old defendant swiveled back and forth in his chair replying “Yes” or “No” to each query.

He was asked whether he wanted to take the stand.

“I choose not to testify,” he said.

The jury was out of the room at the time.

The jurors in the case have heard from Holmes through 22 hours of videotaped interviews with a court-mandated independent psychiatrist. Those interviews were recorded two years after Holmes killed 12 people at an Aurora, Colorado, movie theater.

Holmes, a former doctoral student in neuroscience, is standing trial on charges of capital murder and other offenses. He is accused of killing 12 people and injuring 70 more on July 20, 2012. He faces 165 counts. Holmes has pleaded not guilty by reason of insanity. Prosecutors have said they will seek the death penalty.

Holmes admits to the shootings but has said he was suffering “a psychotic episode” at the time.

The defense rested its case Friday. Closing arguments should begin Tuesday.