Theater shooting documents contain insights into the prosecution's planned use of evidence
Last Updated: 162 days ago
CENTENNIAL, Colo. - A series of 38 documents offer new insights into the kinds of evidence prosecutors plan to present or avoid in upcoming hearings about the movie theater shooting.
The documents were filed in Arapahoe County court on Tuesday and posted online Wednesday. Each responds to a motion previously filed by defense attorneys for accused shooter James Holmes.
In one example, the prosecution writes that they disagree with the defense's request for suppression of Holmes' information from Internet dating sites Match.com and Adult Friend Finder. Prosecutors assert that the court issued valid warrants for the information and argue against the defense's legal position.
During Holmes' preliminary hearing his lawyers challenged the relevancy of the information gained from those dating websites. The prosecution said both online profiles had the quote "will you visit me in prison?" indicating he had planned to commit a crime at least several days before the shooting.
Other documents respond to defense arguments that warrants for several searches conducted by police after the shooting were invalid. Those searches included cellular phone records, email accounts, an iPod, an iPhone, bank records, a car and more.
In each instance, the prosecution indicates they will request a hearing and call witnesses in support of their position.
In other documents, prosecutors say they plan to request hearings and call witnesses to dispute defense requests.
One of the documents says the FBI is finalizing a report involving a three-dimensional image of the theater where the shooting occurred on July 20, 2012. The report is expected to be finished by the end of July.
The defense had asked the judge to bar testimony about crime reconstruction, but the prosecution is asking for extra time to file a response after they receive the report containing the 3D image.
Some of the prosecution's documents reveal they will not present certain pieces of evidence the defense had tried to block. For example, the defense had asked the court to block testimony from an FBI "Cryptanalyst Forensic Examiner" named Melissa Adams who examined a symbol found on a calendar in Holmes' apartment and was listed as a potential witness by the prosecution. The new document, however, reveals the people do not plan to have her testify about the symbol but could still call her to testify.
"The People may present testimony from Ms. Adams regarding other issues that do not require expert witness testimony, such as chain of custody, photographing the evidence and the status of evidence," prosecutors write in the document.
The prosecution also reveals they don't intend to introduce evidence at trial about criminal profiling, homicide classification, crime-scene behavior, hair and fiber analysis, or handwriting comparison.
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