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Detective: Holmes acted oddly in questioning

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As prosecutors lay out their case, Holmes' lawyers have been asking questions throughout the hearing that suggest a mental health defense.

Attorney Tamara Brady asked Steven Beggs, an ATF agent who testified, whether there was anything to prevent "a severely mentally ill person" from purchasing things like chemicals, ammunition and handcuffs.

He replied no.

Defense attorney Daniel King asked Appel if Holmes was tested for drugs or other substances.

"I saw no indication that he was under the influence of anything," Appel said.

Holmes' lawyers could have waived the first public airing of the case against him, but legal analysts say they may see the mini-trial as a chance to gauge the prosecution's case or tactics to prepare for a possible plea agreement.

Cases rarely advance to this stage without a judge agreeing to set a trial.

If Holmes is found sane and goes to trial and is convicted, his attorneys can try to stave off a possible death penalty by arguing he is mentally ill. Prosecutors have yet to decide whether to seek the death penalty.

If he's found not guilty by reason of insanity, he would likely be sent to the state mental hospital, not prison. Such a defendant is deemed not guilty because he didn't know right from wrong and is therefore "absolved" of the crime, said former Jefferson County District Attorney Scott Storey, who recently lost an insanity case.

Last year, Bruco Strong Eagle Eastwood was acquitted by reason of insanity in the wounding of two eighth-graders outside a school not far from Columbine High School, a case that garnered national headlines after a math teacher tackled him and stopped the shooting.

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Thomas Peipert, Nicholas Riccardi and Colleen Slevin contributed to this report.

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