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James Holmes Faces Eviction as Lawyer Seeks Insanity Defense

Arapahoe County Sheriff's Office(AURORA, Colo.) -- On the day when lawyers for James Holmes declared their client to be mentally ill, the accused Aurora, Colo., movie theater shooter's landlord said Thursday he wants Holmes out of his apartment.

Holmes has been jailed since the July 20 shooting that left 12 people dead and 58 wounded, but an attorney for the landlord who filed papers on Wednesday says the former neuroscience doctoral student technically remains a tenant at his Aurora apartment.

The landlord's wants to kick out Holmes because he alleges that Holmes "murdered numerous individuals, materially and substantially damaged the premises and booby-trapped the premises substantially endangering property and person."

Furthermore, Holmes has to get whatever personal possessions he has left in the apartment or otherwise, they'll be kicked to the curb.  Given that a scenario like that would create a riot by souvenir collectors, it's expected other arrangements will be necessary.

Meanwhile, Holmes' defense team says it needs more time to evaluate the accused shooter's alleged mental illness, which will involve talking to prosecutors and investigators.  Holmes faces 142 criminal counts, including 24 counts of first degree murder and 116 counts of attempted first degree murder.

Copyright 2012 ABC News Radio

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