Holmes

Accused Colorado movie theater shooter James Holmes appeared in court on Tuesday where the judge made a surprise move.

FOX News Radio's Jessica Rosenthal was in the courtroom for the proceedings and reports from Centennial, Colorado:

In court documents, James Holmes' attorneys had indicated that they were leaning towards a plea of not guilty by reason of insanity. Today, they stood up and told the judge they are simply not ready to enter a plea, especially because they don't yet know if the prosecution will seek the death penalty. The judge said that was unacceptable and entered a not guilty plea on James Holmes' behalf. Before that was all done though, Holmes did confer with his attorneys. He had a large, bushy beard and very unkempt looking hair, wearing a red jumpsuit.

As for whether or not this this is going to be a death penalty case, the judge set an April 1st hearing for when the prosecution should announce if they will seek the death penalty.