Arguments continue over evidence in Aurora movie theater shooting case

ARAPAHOE COUNTY, Colo. - Aurora movie theater shooting suspect James Holmes is back in court this week for another round of skirmishes over what evidence can be used against him when he goes on trial.

Pretrial hearings resumed Monday. During this latest round of arguments, attorneys debated whether Holmes' bank and phone records should be used as evidence in his trial.

Defense lawyers and prosecutors are battling over any scrap of evidence that could be used to bolster or weaken Holmes' claim that he was insane at the time of the 2012 shootings.

Holmes pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70. His lawyers say he was having a psychotic episode.

Prosecutors, who are seeking the death penalty, want to use any evidence they can find that might show Holmes planned the attack and knew it was a crime.

The defense argues the bank and phone records were obtained with flawed warrants.

Holmes' trial is scheduled to start in February.

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