Judge: DA can use Holmes' cellphone as evidence
DENVER (AP) - The judge in the Colorado theater shootings says prosecutors can use evidence from defendant James Holmes' cellphone, which included eerie self-portraits taken before the attack.
The ruling was issued Friday and made public Monday.
Defense attorneys had argued the search warrant used to seize the phone was overbroad and therefore unconstitutional.
Holmes pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 in the July 2012 attack on a suburban Denver movie theater. Prosecutors are seeking the death penalty.
Holmes' attorneys acknowledged that he was the shooter. The case now hinges on whether he was insane.
His trial date is up in the air while lawyers work through dozens of pretrial motions.
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