Judge: DA can use Holmes’ cellphone as evidence

DENVER — 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 made public Monday.

The photos were shown in court last year. In one, Holmes wore 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 posed with a handgun.

Defense attorneys argued the warrant used to seize the phone was overbroad and unconstitutional.

Holmes pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 in the 2012 attack. Prosecutors are seeking the death penalty.

Holmes’ attorneys acknowledged that he was the shooter. The case now hinges on whether he was insane.



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