(AP) — For the first time, lawyers for Colorado theater shooting suspect James Holmes say he killed 12 people and wounded dozens more at an Aurora movie theater last summer.

But Holmes’ lawyers say he was “in the throes of a psychotic episode” at the time.

The admission came in a motion filed Tuesday, but made public Wednesday. His lawyers were trying to argue that Holmes should be unrestrained during his upcoming trial.

Holmes has pleaded not guilty by reason of insanity to more than 160 counts, including murder, stemming from the July 20 theater attack in Aurora. Prosecutors are seeking the death penalty.