Prosecutors may use James Holmes’ cell phone data as evidence

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DENVER — Jurors in the case of theater shooter James Holmes may see surveillance images, bank records and even “selfies” seized from the killer’s phone, the judge said Monday.

Defense attorneys argued that a flawed search warrant used to seize the cell phone, along with Holmes’ bank records and other evidence, The Associated Press reported. The judge disagreed and rejected eight defense motions to suppress the evidence.

In a series of rulings made public Monday, the judge also said prosecutors could use evidence from Holmes’ bank records, emails and computers.

The cellphone photos, shown in court last year, included one of Holmes wearing black contact lenses and a black stocking cap, with two tufts of his orange-dyed hair sticking out like a pair of horns.

In another, he held a pistol beneath his face and grinned into the lens. Police have testified the photos were taken about six hours before the July 20, 2012, shootings, which killed 12 people and injured 70. A rifle and a shotgun were used in the attack.

Holmes, a 26-year-old former neuroscience graduate student, pleaded not guilty by reason of insanity to more than 160 counts of murder and attempted murder. His attorneys have acknowledged he was the shooter but said he was in the grip of a psychotic episode.

Prosecutors are seeking the death penalty.

Arapahoe County District Judge Carlos A. Samour Jr. has not said when he will rule on a separate prosecution request that would have Holmes undergo a new psychiatric evaluation.

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