By Selena Hill (staff@latinospost.com) | First Posted: Mar 12, 2013 02:18 PM EDT

On Tuesday, a Colorado judge entered a plea of not guilty for James Holmes, the man accused of opening fire in a Colorado movie theater killing 12 people and wounding dozens more last July.

According to the Associated Press, Holmes' attorney was not ready to enter a plea; however the judge entered the not guilty plea for him and said he could change the plea to not guilty by reason of insanity.

Holmes, who has been behind bars for the last eight months, is facing 166 counts of mostly murder and manslaughter charges. He also spent several days in a psychiatric ward as he was determined to be a physical threat to himself.

Prosecutors say they will make a decision on whether or not to seek the death penalty against Holmes at a hearing on April 1.  However, an insanity plea would present complications if they sought the death penalty since mental patients cannot be executed.

According to the Colorado Bar Association, an insanity defense refers to "a person who is so diseased or defective in mind at the time of the commission of the act as to be incapable of distinguishing right from wrong with respect to that act is not accountable."

Prosecutors say Holmes planned the massacre well in advance, ordering arms two Glock handguns, an AR-15 rifle, a shotgun and 6,295 rounds of ammunition prior to the shooting.

Jessica Watts, whose cousin was killed in the movie theater, objects to the assertion that Holmes is insane. "This was months and months of planning and thousands of dollars spent on his part in order to pull this horrific night off," she said.

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