Colorado Theater Shooting

James Holmes should DIE ... this according to prosecutors who announced today they are seeking the death penalty for the Colorado movie theater shooter.

Arapahoe County District Attorney George Brauchler explained, "It is my determination and my intention that in this case for James Eagan Holmes, justice is death."

The announcement comes in the wake of a deal offered by Holmes' legal team -- in which the killer would plead guilty to murdering 12 people in exchange for life in prison.

The deal didn't sit well with prosecutors, who RIPPED Holmes' attorneys today ... accusing them of going public with the details of the attempted plea deal last week "for the intended purpose of generating predictable publicity."

Holmes' attorneys are expected to argue that the 25-year-old was legally insane at the time of the shooting and therefore shouldn't be sentenced to death.

Colorado movie theater shooter James Holmes is prepared to enter a guilty plea in the cold-blooded killings of 12 people in exchange for life in prison instead of the death penalty ... this according to Holmes' lawyer.

Holmes' legal team offered the plea deal to prosecutors during a court session earlier today ... but according to the AP, prosecutors did not immediately accept the offer.

Prosecutors have not commented on Holmes' offer yet -- but it's likely they will consult with the families of the victims before reaching a decision.

The judge in the Aurora shooting case in CO has entered a "not guilty" plea on gunman James Holmes' behalf.

The plea was entered today by default after Holmes' attorney said he wasn't ready to enter a plea by the judge's deadline.

The judge said Holmes -- who now has long hair and a giant beard -- may change his plea to not guilty by reason of insanity at a later date if he chooses.

James Holmes -- the shooter in the Aurora movie theater massacre -- was hospitalized after several "half-hearted" suicide attempts ... this according to law enforcement.

According to cops, Holmes ran headfirst into a jail cell wall on Tuesday ... and while he sustained injuries ... they were not life-threatening.

Holmes also reportedly stood on the bed in his cell and fell backwards ... in an apparent attempt to crack his skull open. He failed.

The families of the 12 people killed in the Aurora shooting massacre -- along with several people who suffered permanent injuries in the attack -- will split the majority of the $5 million in donations raised to assist the victims of the attack.

A mediator tasked with dividing the funds has announced the above-mentioned people will split 70% of the funds -- roughly $200k each.

The mediator says the rest of the cash will go to people who suffered physical injuries -- the more severe the injury, the more money they will receive.

Aside from the 12 people killed, 58 people were wounded in the July 20 shooting in Aurora, CO.

The mediator says ... due to limited funds, none of the money will go toward people who did not require overnight hospitalization ... and the cash will NOT be used to aid theater-goers who were physically unharmed, but claim they suffer from mental trauma.

Three people wounded in the "Dark Knight Rises" shooting spree that left 12 dead have filed a civil lawsuit against the movie theater, claiming the door James Holmes used to get into the theater should have had an alarm.

Denise Traynom, Brandon Axelrod and Joshua Nowlan also claim the theater should have had extra security for the midnight showing and failed to help moviegoers evacuate the theater after the shooting.

Traynom was wounded in the rear end, Axelrod suffered bone injuries to his right knee and ankle, while Nowlan’s right arm was nearly severed by a bullet. Nowlan was also injured in his left leg.

They're seeking unspecified damages.

James Holmes is orange no more ... the "Dark Knight" shooter appeared in court this morning WITHOUT the bizarre dye job he was sporting on the night of the massacre in Aurora.

Holmes -- a natural brunette -- appeared in court for a hearing about a notebook he sent to a psychiatrist at the University of Colorado before the July shooting ... wearing a buzz cut.

Prosecutors have argued the notebook contains crucial information about Holmes' state of mind before the shooting -- but Holmes' defense attorneys said the information is protected under doctor-patient privilege, and shouldn't be released.

Casey Anthony's old defense attorney is seeing double after the "Dark Knight" massacre in Aurora, CO -- TMZ has learned, Jose Baez has been hired by a second victim of the shooting.

41-year-old Marcus Weaver -- whom James Holmes shot twice in the upper shoulder during the tragedy -- tells TMZ, "Over the past 30 days of agony, along with very careful thought and consideration, I have hired Attorney Jose Baez as my legal counsel."

TMZ broke the story ... Baez has already been hired by a woman named Shirley Wygal -- whose 32-year-old daughter was shot and killed by Holmes.

Now, Weaver says, "I felt that the night of the incident, that the security at the theatre was lacking from the time I entered. I want answers, we ALL want answers. And I know Attorney Baez will do what ever he can to help with the fullest extent of the law."

He adds, "Every day, early in the morning or at night, I have a movie in my head of what happened. I wake up every night with nightmares. I don't think it will ever go away."

The man who led Casey Anthony's defense team to victory in her murder case has officially been tapped to represent the mother of one of the "Dark Knight" massacre victims ... TMZ has learned.

Attorney Jose Baez is now representing Shirley Wygal -- whose 32-year-old daughter Rebecca Wingo (above, right) was shot and killed by James Holmes inside the Century 16 Theater in Aurora, CO.

As we previously reported ... Shirley believes the theater is partially to blame for the tragedy claiming the emergency exit doors should have been alarmed, or there should have been security guards posted next to them.

Wygal tells TMZ, "When police came that night with official word, Rebecca's baby asked, 'How did he get in?' Dissatisfied with the answer, she asked again. At just 5 years old, she wants to know how it could happen and so do I. If any entity had an obligation to protect the innocent and did not, then every survivor and loved one left behind must hold them accountable. The first step is a timely and thorough investigation."

Megadeth singer Dave Mustaine is an idiot ... because Barack Obama is not to blame for the Aurora massacre ... so says one of the people who was shot in the theater that night.

TMZ spoke with Carli Richards ... who sustained multiple gunshot wounds when James Holmes opened fire during a screening of "Dark Knight Rises" last month.

After watching the footage of Mustaine blaming Obama for "staging" the Aurora shooting to push an anti-gun agenda, Richards is lashing back ... telling us, "Some people think the President is a good scapegoat but he didn't shoot me."

Richards adds, "It’s obviously kind of absurd and people who make up conspiracies just want attention."

Dave Mustaine -- the lead singer of Megadeth -- believes Barack Obama "staged" the massacre in Aurora, CO in a sick, twisted plot to pass a gun ban.

Mustaine made the comments on stage at an August 7 performance in Singapore ... when he told the crowd, "Back in my country, my president ... he's trying to pass a gun ban, so he's staging all of these murders, like the 'Fast And Furious' thing down at the border ... Aurora, Colorado, all the people that were killed there ... and now the beautiful people at the Sikh temple."

He continued, "I don't know where I'm gonna live if America keeps going the way it's going because it looks like it's turning into Nazi America."

Lawyers for James Holmes just stated in open court -- they believe their client suffers from a mental illness ... and they need more time to figure out what's wrong with him before entering a plea.

Holmes' attorneys made the announcement during a hearing today, in which several news outlets had assembled to argue that the judge in the case should unseal court documents that could reveal important details about the July shooting in Aurora, CO.

Both the prosecution and the defense wish to keep the documents under wraps while the case is pending.

While everyone was in court, Holmes' attorney also appealed to the judge on an unrelated note -- demanding prosecutors and investigators turn over ALL documents related to the case ... in order to help the defense team determine just how crazy their client is.

The lawyer said, "We cannot begin to assess the nature and the depth of Mr. Holmes' mental illness until we receive full disclosure of all the documents."

Police in Ohio have arrested a man who allegedly tried to smuggle guns, ammunition and knives into a late-night showing of "Dark Knight Rises."

Authorities say ... the manager of the Cleveland-area movie theater became suspicious of the man, who allegedly tried to bring a satchel into a 10pm Saturday showing of the Batman movie.

The manager reportedly alerted an off-duty cop who was working security that night ... who searched the bag -- found a Glock 9mm handgun, ammunition clips, and three knives -- and immediately alerted police.

Cops say the man, identified as 37-year-old Scott Smith, does NOT have a permit to carry a concealed weapon.

According to reports, the man was arrested without incident ... and even offered to put the guns back into his car. Obviously, that didn't happen.

Comedy Central is censoring Jeff Ross ... refusing to air the jokes he made about the "Dark Knight Rises" massacre during this weekend's taping of the "Comedy Central Roast of Roseanne."

Ross -- who came to the event dressed like Joe Paterno, accompanied by two young topless boys -- has been under fire for cracking the following zinger, directed at Seth Green:

“Seth, congratulations. This is actually a great night for you ... you haven’t gotten this much attention since you shot all those people in Aurora. ... I’m kidding. You are not like James Holmes. At least he did something in a movie theater that people remember!”

"Batman" shooter James Holmes doesn't just deserve the death penalty ... he deserves the worst, most painful death possible -- so says one of the survivors of the massacre.

22-year-old Carli Richards -- whom Holmes shot in the back with a shotgun -- tells TMZ, "I think death by firing squad would be totally justified ... Just injecting him is painless."

She says, "I had enough needles in me that night to know that a needle isn't that bad. I want him to see what it feels like ... I wish someone would shoot him and let him bleed out."

She adds, "He shot me with stuff they use to shoot birds and deer. I want him to feel what it's like to feel that helpless."

Thankfully, Carli and her boyfriend made it to safety before Holmes could kill them -- but Carli says she's still in a lot of pain, and can't go back to work yet with her current injuries.

Carli is the second person affected by the massacre to call for Holmes' death. TMZ broke the story yesterday, the brother of a woman killed in the shooting also demanded the death penalty.

It's worth noting because prosecutors have said they will only consider pursuing the death penalty with support from the victims' families.

Holmes was charged Monday with 142 crimes stemming from the Colorado shooting -- including 24 1st degree murder counts, and 116 counts of attempted murder.