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Lawyers in theater shootings argue whether Holmes' statements to police can be trial evidence

FILE -This June 4, 2013 file photo shows Aurora theater shooting suspect James Holmes in court in Centennial, Colo. Holmes is returning to court as his lawyers challenge possible trial testimony about computer analysis and data. A judge is set to hear arguments about the issue beginning Thursday, Oct. 10, 2013. Holmes is accused of killing 12 people and injuring 70 when he opened fire on a packed movie theater in the Denver suburb of Aurora in 2012. (AP Photo/The Denver Post, Andy Cross, Pool, File)The Associated Press

James Holmes' defense lawyers and prosecutors are arguing whether things he told police right after his arrest in the Colorado theater shootings can be used at his trial.

His lawyers are set to argue at a hearing Tuesday that what he said can't be used because police hadn't read him his Miranda rights. The Miranda advisement is the well-known warning that anything a suspect says can be used against him.

Prosecutors say what police asked Holmes before he was read his Miranda rights is legal under a public-safety exemption. They say police wanted to know if Holmes had an accomplice.

Holmes is accused of killing 12 and injuring 70 at an Aurora theater in 2012. He pleaded not guilty by reason of insanity. Prosecutors are seeking the death penalty.