Battle over theater shooting evidence grows heated - KALB-TV News Channel 5 & CBS 2

Battle over theater shooting evidence grows heated

Posted: Updated:
Photo Credit: MGNOnline.com Photo Credit: MGNOnline.com

By DAN ELLIOTT
Associated Press

CENTENNIAL, Colo. (AP) - The courtroom battle over what evidence can be used against Colorado theater shooting defendant James Holmes has grown heated, with a defense lawyer aggressively questioning police officers about why Holmes was not allowed to see an attorney for hours after his arrest.

Holmes pleaded not guilty by reason of insanity in the July 2012 attack, which killed 12 people and injured 70 others. In pretrial hearings this month, prosecutors and defense lawyers are arguing over any bit of evidence that might help make the case that Holmes was or wasn't sane.

On Friday, they will debate Holmes' email records. Thursday, they skirmished over statements Holmes made to police about the bombs found in his apartment.

Some of those statements could be used by prosecutors to undermine Holmes' insanity defense, said Dan Recht, a longtime Denver lawyer not involved in the Holmes case.

"It's the prosecution's view that those statements show a degree of forethought and a degree of articulateness that are indications of a sane person and not an insane person," Recht said.

Police questioned Holmes about the bombs after he had asked for a lawyer but before he was allowed to see one.

The defense argues the delay in letting Holmes see a lawyer violated his constitutional rights. Prosecutors said the questions about the explosives were legal because lives were in danger and police needed to know how to defuse the bombs.

Defense attorney Tamara Brady aimed pointed questions at law enforcement officers Thursday, her voice sometimes rising. She said they made Holmes wait more than 13 hours to see a lawyer even though they knew two attorneys were waiting to see him.

Arapahoe County Judge Carlos A. Samour Jr. hasn't said when he will rule on the whether Holmes' statements can be used.

Even if he excludes the statements, prosecutors still have a strong case, legal analysts say. Holmes' attorneys have acknowledged he was the shooter, but they say he was in the midst of a psychotic episode.

Holmes' trial is scheduled to start in February. Prosecutors are seeking the death penalty.

Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

  • Most Popular StoriesMost Popular StoriesMore>>

  • MH17 family living in 'hell beyond hell' after losing three kids

    MH17 family living in 'hell beyond hell' after losing three kids

    Wednesday, July 23 2014 5:23 PM EDT2014-07-23 21:23:40 GMT
    Siblings Evie, Mo and Otis Maslin died when the Malaysia Airlines jetliner was shot down over eastern Ukraine on Thursday. (Courtesy of Maslin Family)Siblings Evie, Mo and Otis Maslin died when the Malaysia Airlines jetliner was shot down over eastern Ukraine on Thursday. (Courtesy of Maslin Family)
    (NBC News) Parents who lost three young children and their grandfather when Flight MH17 was shot down by pro-Putin rebels revealed that they now "live in a hell beyond hell." More >>
    (NBC News) Parents who lost three young children and their grandfather when Flight MH17 was shot down by pro-Putin rebels revealed that they now "live in a hell beyond hell." 
    More >>
  • Tennessee man accused of threatening to kill Obama

    Tennessee man accused of threatening to kill Obama

    Wednesday, July 23 2014 2:52 PM EDT2014-07-23 18:52:07 GMT
    NASHVILLE, Tenn. (AP) — A man left profanity-filled voicemails with Tennessee's homeland security office threatening to kill President Barack Obama and other officials, saying in one that he would "light Nashville up," according to court documents.More >>
    NASHVILLE, Tenn. (AP) — A man left profanity-filled voicemails with Tennessee's homeland security office threatening to kill President Barack Obama and other officials, saying in one that he would "light Nashville up," according to court documents.More >>
  • APD: Weapons/Narcotics arrest

    APD: Weapons/Narcotics arrest

    Wednesday, July 23 2014 12:27 PM EDT2014-07-23 16:27:53 GMT
    ALEXANDRIA, La. (KALB News Channel 5) -- On July 22, 2014, at 1:00 AM, APD Officers were dispatched to the 700 Block of Everett Street in reference to an assault with a firearm.More >>
    ALEXANDRIA, La. (KALB News Channel 5) -- On July 22, 2014, at 1:00 AM, APD Officers were dispatched to the 700 Block of Everett Street in reference to an assault with a firearm.More >>
Powered by WorldNow
Powered by WorldNow
All content © Copyright 2000 - 2014 WorldNow and KALB. All Rights Reserved.
For more information on this site, please read our Privacy Policy and Terms of Service.