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Defense lawyers for suspected Aurora shooting suspect James Holmes disclosed their belief that he is in fact mentally ill.

STORY: James Holmes Faces 24 Counts Of Murder Charges For Aurora Shooting

According to the Associated Press:

Victims and their families are questioning whether that argument will change the trial’s focus to him rather than his 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.”

Defense attorney Daniel King argued that the seal and a sweeping gag order ensure fairness. He also told the judge that the defense team needed more information from prosecutors and investigators.

“We cannot begin to assess the nature and the depth of Mr. Holmes’ mental illness until we receive full disclosure,” he said in court.

Holmes, 24, is accused of opening fire in an Aurora, CO movie theater, killing 12 people and injuring 58 others.

Holmes was a former Ph.D. student at the University of Colorado, Denver before dropping out.

Holmes made his only public appearance at a court hearing a few weeks ago where he appeared dazed and confused.