Judge rules prosecutors can use Holmes' 1st statements to police in theater shooting trial
Last Updated: 36 days ago
CENTENNIAL, Colo. - Prosecutors will be allowed to use statements that Colorado theater shooting defendant James Holmes made to police immediately after his arrest.
District Court Judge Carlos Samour ruled Friday the statements can be used at Holmes' trial on murder and attempted-murder charges. Holmes pleaded not guilty by reason of insanity. The 2012 attack killed 12.
Police say when they asked Holmes if he had an accomplice, he replied, "It's just me." Police also say Holmes told them bombs would go off in his apartment if wires were tripped.
The defense argued Holmes hadn't been read his rights and that his statements weren't voluntary. Prosecutors said police didn't have to read Holmes his rights because they urgently needed to know if there was another shooter. They denied he was coerced.
The judge agreed with prosecutors.
"In the end, there was no governmental coercion and the defendant's will was not overborne," Samour found.
"To the extent that the defendant made any incriminating statements, he made such statements because he deliberately and voluntarily chose to do so."
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