The judge overseeing the case of James Holmes — the young man accused of massacring 12 movie-goers at a premiere of a Batman movie in Colorado in July 2012 — will allow prosecutors to present cell phone records as evidence at trial, court documents released Monday show.
Among those records are eerie selfies taken before the attack, The Associated Press reported.
In one of the pictures shown in court last year, Holmes was wearing black contact lenses and a black stocking cap, with tufts of hair dyed orange sticking out. In another, he was posed with a handgun.
Defense attorneys unsuccessfully argued the warrant used to seize the cell phone records was overly broad.
The judge ruled against defense attorneys in eight different attempts to suppress evidence. The rulings were made on Feb. 7, but made public on Monday.
Judge Carlos Samour also denied defense motions to suppress computer data on computers and hard drives seized from Holmes’ apartment as well as evidence from an iPod, iPhone and his personal and University of Colorado email accounts.
Holmes had been a graduate student at the Boulder school but had withdrawn from classes shortly before the shooting.
The judge also ruled against the defense in two motions to suppress evidence from bank records.
Holmes, 25, is accused of 166 felony counts of murder, attempted murder and other crimes in the July 20, 2012 shootings at the crowded midnight screening of “The Dark Knight Rises” in Aurora, Colo. In addition to the 12 people killed, 70 others were wounded.
Holmes has pleaded not guilty by reason of insanity. The state is seeking the death penalty.
Defense attorneys have acknowledged that Holmes was the shooter, but now the case hinges on whether or not mental health problems absolve him of some responsibility.
Jeff Black and Jack Chesnutt of NBC News as well as The Associated Press contributed to this report.
First published February 10 2014, 1:28 PM