James Holmes posted an online question – 'Will you visit me in prison?' – at some point before the Aurora, Colo., massacre. Hearings begin Monday to determine whether such evidence should be suppressed in his trial.
James Holmes, accused shooter in last summer’s Aurora, Colo., movie theater shooting, will return to court on Monday, as attorneys from both sides of the case argue what evidence jurors should be permitted to hear in the trial against Mr. Holmes.
The defense claims that nearly all of the prosecution’s key evidence – from the defendant’s iPhone to explosives seized in his apartment – is not permissible in the trial because it was obtained under illegal entry.
According to one motion to dismiss evidence, Holmes’s lawyers argue that proper legal procedure was not followed in searching Holmes’s apartment, or in the questioning of the defendant.
The prosecution counters that they needed to question Holmes about a bomb he was suspected of building in his apartment before the shooting. Though Holmes had asked for a lawyer after he was read his rights, police say that they needed to learn how to defuse the explosives in Holmes’s apartment.
Evidence collected from several online dating websites will also be discussed during motion hearings during the next several weeks.
Though Holmes left a very light online footprint, the defendant allegedly had accounts with the sites Match.com and AdultFriendFinder.
On his profiles, Holmes had written the question: “Will you visit me in prison?” Prosecutors hope to undermine the defense’s insanity plea with evidence from these sites, claiming that Holmes was aware of his actions.
The judge has already rejected one defense attempt to suppress the website evidence, the Associated Press reported.