Published October 25, 2013
DENVER – The judge in the Colorado theater shootings says prosecutors can use evidence from defendant James Holmes' wallet because police seized it legally during his arrest outside the theater.
The ruling came Friday.
Holmes pleaded not guilty by reason of insanity to charges of killing 12 and injuring 70 in the 2012 attack. Prosecutors and defense lawyers have been debating evidence that could be used to undermine the insanity plea, including indicators that Holmes knew the shootings were wrong.
Police say they found Holmes' driver's license in his wallet, which led them to his apartment, where they found homemade bombs.
The defense argued the wallet search was illegal because police didn't have a warrant. The judge agreed with prosecutors no warrant was needed because the wallet was seized during the arrest.