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FILE - This file photo provided by the Arapahoe County Sheriff's Office shows James Holmes, who faces faces multiple counts of first-degree murder and attempted murder in the July 20 Colorado theater shooting in Aurora, Colo. and hasn't yet entered a plea. Prosecutors and defense lawyers were heading back to court Wednesday, Jan. 2, 2013 in advance of a crucial hearing in the case. The preliminary hearing, which starts Monday, Jan. 7, will give the public its first officially sanctioned look at much of the evidence against Holmes. Holmes' lawyers have said he suffers from mental illness. At the conclusion of the preliminary hearing, State District Judge William B. Sylvester will decide if the evidence is sufficient to put Holmes on trial. (AP Photo/Arapahoe County Sheriff, File)