Judge sets hearings on Holmes statements, evidence

By: 11 News Desk Email
By: 11 News Desk Email

DENVER (AP) -- Lawyers for Colorado theater shooting suspect James Holmes will get a chance to argue that statements he made to police after his arrest shouldn't be used in his trial.

The judge said Friday he will hear oral arguments in October.

The defense claims police illegally questioned Holmes without reading him his Miranda rights and after he asked for a lawyer.

Holmes is accused of killing 12 and injuring 70 in July 2012. He pleaded not guilty by reason of insanity to murder and attempted murder charges.

Prosecutors are seeking the death penalty.

The judge also plans October hearings on defense motions to bar the use of evidence gathered from Holmes' car, apartment and electronic equipment, as well as emails and bank records.

They argue the other evidence was gathered illegally.

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