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The attorney representing James Egan Holmes’ family conducted a brief press conference about this morning’s court proceedings.

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When asked if Holmes’ family stands by him, Lisa Damiani told reporters Monday in San Diego: “Yes they do. He’s their son.”

She says the family’s hearts go out to the victims and their own loved ones.

Damiani went on to say: 

“The investigation is continuing. Whether or not it is premeditation or not is left up to the court system.”

Damiani however, refused to answer questions about Holmes and his relationship to the family. She said later: “Everyone’s concerned” about the possibility of the death penalty.

Holmes appeared in court for the first time Monday after he was arrested last week in the deaths of 12 people in a mass shooting at a sold-out movie theater in Aurora, Colorado while moviegoers watched a midnight showing of The Dark Knight Rises

Arapahoe County District Judge William Sylvester ordered Holmes to be held without bond, saying there was probable cause to continue the case.

Sylvester told Holmes he was accused of having killed 12 people and wounding 58 others early Friday in a crowded theater.

Nine of the injured remained in critical condition Monday.

Holmes is expected to be formally charged next Monday. Holmes is being held on suspicion of first-degree murder, and he could also face additional counts of aggravated assault and weapons violations. He has been assigned a public defender.