James Holmes' legal team lost their second request for a mistrial Wednesday morning.

Holmes faces the death penalty for the Aurora theater attack which killed 12 people and injured 70 more in July 2012. 

After Holmes pleaded not guilty by reason of insanity, the judge ordered a psychiatric exam last year – the video of which is being shown to jurors this week. In it, Holmes describes the attack in detail.  At one point he says he shot at people trying to escape. 

In their push for a mistrial, Holmes’ public defenders argued the exam and video violate his constitutional right against self-incrimination.

Judge Carlos Samour denied the motion for a mistrial, saying it was untimely and improper.  He scolded the attorneys for waiting until after the jury saw the video to raise concerns. And he added they can bring up the issue on appeal if they wish.