Defence attorney Karen Steinhauser says homicide charges in Colorado only apply to those "who had been born and alive."
Holmes, who allegedly killed 12 people during the screening of the latest Batman film, could face a dozen first-degree murder charges.
James Holmes is a shy and intelligent guy brought up in a good family.
Gabriel Menchaca, who worked with Holmes at a camp for needy kids, said he never guessed that his co-worker would be the suspect in the mass shooting.
Officials at the University of Colorado say they received two suspicious packages on Monday at the Denver-area school.
Police entered the "designed to kill" house where the suspect had planned the deadly attack with "calculation and deliberation" for months.
The ‘Dark Knight’ massacre incident has ‘eerie’ similarities with Frank Miller’s second comic book issue of “The Dark Knight Returns”.
Holmes came from a well-tended San Diego enclave of two-story homes where neighbours recall him as a clean-cut, studious young man of sparing words.
A candlelight vigil was held to mourn the victims of shooting, after a man went on killing spree at the midnight premiere of the new Batman movie.
Obama and Romney temporarily suspended their Prez campaigns after the tragic killing in a movie theater shootout.
Day in Pics: 17th December
Showbiz World - December 17, 2014
Stardust Awards 2014