(Newsroom America) -- An attorney for the family of the suspected Colorado theater gunman says they have asked that their son be tried in the courthouse and not through the media, and have corrected a report by ABC News.
Holmes, 24, made his first court appearance Monday, with his hair dyed reddish-orange. During the 15 minute hearing Holmes was told he is being held on suspicion of first-degree murder. Formal charges will be presented next Monday.
At a press conference on Monday afternoon the attorney for the suspect's family, Lisa Damiani, corrected a report by ABC News, in which it quoted the mother as saying they "have the right person" as a suspect in the case.
Ms Damiani said the mother said they "have the right person" when asked if she was the mother of James Holmes, and was not implying that anything was wrong with James Holmes and she had no idea at that point what had happened in Colorado.
She said she had concern for the family's safety and they were in hiding as they wished to maintain their privacy.
Ms Damiani said the family wants to reiterate that their hearts go out to the families and their victims.
She said it was a "significant case for a lot of people" and asked that it be tried in a courthouse and not through the media.
Colorado is a death penalty state, and Ms Damiani acknowledged that with a first-degree murder charge Holmes faces the death penalty if convicted and it is sought.