James Holmes defense, prosecutors resume evidence battle

James Holmes FOX21 News file photo

Attorneys in the Colorado theater shootings are debating whether defendant James Holmes’ bank and phone records should be used as evidence in his trial.

The arguments at a pretrial hearing Monday were part of a larger battle over any evidence that might strengthen or weaken Holmes’ claim that he was insane at the time of the shootings.

Twelve people died and 70 were injured in the 2012 attack on a suburban Denver theater.

Holmes pleaded not guilty by reason of insanity to multiple counts of murder and attempted murder.

Prosecutors, who are seeking the death penalty, want to use any evidence they can find that might show Holmes planned the attack and knew it was a crime.

The defense argues the bank and phone records were obtained with flawed warrants.

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