Aurora theater shooting suspect's bank records seized without judge's approval

Request signed by nortary, not by judge

DENVER - Aurora detectives seized bank records of theater shooting suspect James Holmes without obtaining a judge's permission, prosecutors acknowledged in a court filing this week.

The records were obtained from Point Loma Federal Credit Union in California, one of two banks where Holmes had accounts and detectives sought financial records. According to the filing, the court order for production of the bank records was signed by a notary but not by a judge. That document was then used to compel the credit union to turn over the records.

"[T]he People recently discovered the production of records for defendant's Point Loma Credit Union records was never signed by a magistrate or judge in either Colorado or California," prosecutors write in the court filing, submitted Wednesday along with dozens of other responses to defense motions in the case.

Prosecutors say the violation was a mistake and not deliberate. According to this week's court filing, Aurora police detective Mark Yacano drew up the production order on July 24, four days after the shooting occurred. Yacano then contacted officials at the credit union and San Diego police investigator D. Stuber, according to the filing.

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