The judge in the Colorado theater shootings has upheld the constitutionality of one of the laws used to charge James Holmes with murder.

The judge on Friday rejected a request by defense lawyers to overturn the law making it a crime to commit murder with extreme indifference.

Holmes is accused of killing 12 and injuring 70 at an Aurora movie theater in July 2012.

He’s charged with 12 counts of murder with extreme indifference and 12 counts of murder with deliberation.

His attorneys argued the extreme indifference statute is vague and, therefore, unconstitutional. The judge disagreed.

Holmes is also charged with multiple counts of attempted murder. He has pleaded not guilty by reason of insanity. Prosecutors are seeking the death penalty.

His trial is scheduled to begin in February.

(source: Associated Press)