CENTENNIAL, Colo. - The judge overseeing the movie theater shooting case will allow prosecutors to introduce evidence from the suspect's online dating profile, including posts that asked, "Will you visit me in prison?"
Arapahoe County District Judge Carlos Samour's decision was announced Thursday in an order responding to the defense request that such evidence would not be allowed in a trial.
In his order, Samour explains that the information from Match.com and AdultFriendFinder.com was included in the evidence accumulated during the investigation into shooting suspect James Holmes. It was provided to the defense in the required sharing of evidence, known as discovery.
Holmes is accused of opening fire in a crowded Aurora movie theater during a midnight show on July 20, 2012. He faces 166 counts, including murder and attempted murder.
According to the judge's summary of the arguments, Holmes' created the Match.com account in April 2012 and the AdultFriendFinder.com account just 15 days before the shooting on July 20. Both were last accessed two days before the shooting.
Photos posted to both accounts showed Holmes with the orange-dyed hair made infamous in his first court appearance after the shooting.
The titles associated with Holmes' postings on both sites were, "Will you visit me in prison?"
"A reasonable inference may be drawn that the user of the accounts posted the question because he anticipated doing something that he was aware would warrant prison time," Samour wrote.
The judge also wrote that evidence from both dating sites could be used in the trial in relation to the identification, sanity, intent, deliberation and culpable mental state of the suspect.
Samour overruled several distinct objections defense attorneys made in their attempt to have this evidence barred. That included objections about online dating posts' relevance, timing and the direct connection to the suspect.