Aurora movie theater suspect James Holmes questioned by police and FBI, after attorney said, 'No'

AURORA, Colo. - The first attorney for Aurora theater shooting suspect James Holmes testified Thursday that she told police and the FBI that they couldn't talk to Holmes about the explosives found in his apartment, but she said they did so anyway.

Investigators also testified that Holmes asked for an attorney just seven minutes into his first interview at police headquarters, according to the Denver Post.

Holmes is accused of killing 12 people and injuring 70 when he opened fire in a packed movie theater in Aurora on July 20, 2012. He is charged with more than 160 counts of murder and attempted murder, and has pleaded not guilty by reason of insanity.

Defense attorneys are trying to convince the judge to restrict specific evidence from being used at trial.

Attorney Iris Eytan testified that she was hired to represent Holmes by his mother, Arlene Holmes, around 10:30 a.m. on July 20, about 10 hours after the shooting spree.

Eytan said she told police they were not to talk to her client.

Eytan said an Aurora police detective asked specifically if he could talk to Holmes and said the request was being made on behalf of FBI Director Mueller.

"I said no," Eytan testified.

However, Eytan said Aurora Det. Craig Appel and FBI agent Garrett Gumbinner talked to Holmes about the explosives in his apartment at 3:45 p.m.

Appel testified that he told Holmes, "We were here to prevent any other injuries on that day."

Appel said the questions were only about public safety.

Another officer, Lt. Thomas Wilkes, testified that the explosives in Holmes' apartment were so vexing, they considered letting the whole building burn down because they couldn't defuse them.

Holmes current defense attorney, Tamara Brady, asked Appel if he told Holmes the statements would be used against him at a capital sentencing hearing? Appel replied, "No."

Holmes defense attorneys are arguing that statements Holmes made in police custody should be thrown out because they were came before Holmes was advised of his right to remain silent and after he had requested a lawyer. 

The judge in the case is expected to issue a ruling on Monday.

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