A Jacksonville defense attorney reacts after James Holmes, the man accused in the mass shooting at a Colorado movie theater, is formally charged with 142 counts.
"Basically, what this says is this is not your typical murder," criminal defense attorney Mark Miller said.
In his second court appearance on Monday, Holmes, 24, was formally charged with 24 counts of first degree murder and 116 counts of attempted murder -- two counts for each person killed or injured in the July 20 shooting.
The 142 criminal counts are enough to put Holmes in prison for the rest of his life if he's convicted.
"They have laid the groundwork to build upon a death penalty case," Miller said.
Miller said there are three aggregating factors in the case which allow prosecutors to attach an additional count per charge.
"Counts 13 through 24 are the same 12 victims, but they have charged the shooter with the language and the necessary wording that will allow them to easier seek the death penalty charge down the road," Miller said.
Holmes was also charged with one count of possessing an explosive device and another for committing a crime of violence. Miller said those, too, carry a special enhancement.
"They have to prove this beyond a reasonable doubt. They have to prove he had an explosive device," Miller said. "They have to prove that he exposed a great number of people to risk and prove that he had an indifference to life."
The charges come as Holmes' defense team filed a request to keep a notebook seized at his psychiatrists office confidential, citing its contents are protected by the doctor-patient relationship.
Miller said as both sides gear up for a status hearing next month, that notebook will be a primary focus.
"Is a letter to your psychiatrist, before it gets to your psychiatrist, part of the medical records?" Miller asked. "That's where the big fight in this case is going to be."