James Eagan Holmes, the gunman arrested for killing 12 people and injuring 59 more at a midnight showing of "The Dark Knight Rises" in Aurora, Colorado will appear in court on Monday.
Although it may be months, however, before James Holmes goes to trial for the Friday's fatal rampage, The Denver Post reported.
"I would suspect it's too early for the defense to be raising competency - which will probably happen - and it'll be too early for the prosecution to have charges together," legal Analyst Scott Robinson told 9NEWS.
"[Holmes'] lawyer believes he is not competent to proceed - that is that he's not able due to a mental defect or disorder to assist in the appropriation of his own defense," Robinson said. "Then the defense lawyer has an absolute duty to raise competency and [request] a competency evaluation."
Holmes, 24, will likely be charged next week. He faces at least 71 charges, one for each person shot, and probably many more. He wore all black clothes and had a gas mask when he went inside the Century 16 complex where he threw tear gas grenades in the theater. Holmes was arrested outside theater where he told authorities at the time that he had booby trapped his apartment with explosives.
Holmes' was caught carrying an AR-15 assault rifle, a Remington 870 shotgun, a .40-caliber Glock handgun and a hunting knife. His motive for the massacre remain a mystery, although authorities believe he had a very meticulous plan.
He had purchased nearly 6,000 rounds of ammunitions and multiple magazines for the rifle, including a 100-bullet drum that can unload 60 rounds a minute, according to Aurora police chief Daniel Oates.
