Public defenders Daniel Kink, left and Tamara Brady, second from left walk with the defense team as they leave the Arapahoe County courthouse after a motions hearing for Aurora shooting suspect James Holmes on Thursday Aug. 9, 2012 in Centennial Colo. Holmes is charged with 12 murders the wounding of 58 others in the July 20th shooting at an Aurora theater. (AP Photo/Barry Gutierrez)

CENTENNIAL, Colo. - After defence lawyers disclosed their belief that the Colorado theatre shooting suspect is mentally ill, victims and their families asked whether that argument will change the trial's focus to him rather than his deadly actions.

"They keep talking about fairness for him," said Shane Medek, whose 23-year-old sister, Micayla Medek, died in the July 20 shootings. "It's like they're babying this dude."

James Holmes is accused of opening fire in a movie theatre, killing 12 people and injuring 58. His lawyers disclosed their belief that he suffers from a mental illness during a court hearing Thursday, when nearly two dozen news organizations asked a judge to unseal case documents. Defence attorney Daniel King argued that the seal and a sweeping gag order ensure fairness.

Analysts expect the case to be dominated by arguments over Holmes' sanity, and the defence's revelation was the strongest confirmation so far that mental illness will be a key issue. A court document previously revealed that Holmes was seeing a school psychiatrist for unknown reasons.

Holmes, a 24-year-old former Ph.D. student at the University of Colorado, Denver, sat during the hearing with the dazed demeanour that he had in two previous court appearances.

"It doesn't give him the right to do what he did," said Chris Townsond, who attended the court hearing with a wounded victim. "I don't care how mentally damaged he is."

King said Holmes sought out university psychiatrist Lynne Fenton for help weeks before the shooting. A hearing was scheduled for Aug. 16 to establish they had a doctor-patient relationship.

Holmes' lawyers could argue he is not mentally competent to stand trial. It was the argument used for Jared Loughner, who pleaded guilty this week to a 2011 shooting in Arizona that killed six people and wounded 13 others, including then-Rep. Gabrielle Giffords.

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

Few details are known about the case because of the seal and gag order issued by the judge. The Associated Press and 20 other news organizations on Thursday asked him to scale back the order, which bars the university from releasing details about Holmes.

Steven D. Zansberg, an attorney representing the news consortium, said state law allows judges to issue gag orders barring prosecutors and law enforcement from commenting.

But Aurora officials have cited the gag order in declining to speak about the city's response to the shootings, and even prosecution's arguments on the order is under seal.

Gregory Moore, editor of The Denver Post, said before the hearing that the news organizations are trying to perform their watchdog role by making sure the investigation is conducted fairly.

The judge said he would rule on the matter by Monday. He did not say when he would respond to the request to unseal the court documents.

News from © The Associated Press, 2012