FILE -This June 4, 2013 file photo shows Aurora theater shooting suspect James Holmes in court in Centennial, Colo. Prosecutors and defense attorneys in the Colorado theater shooting case are battling over what evidence can be admitted during Holmes’ murder trial, all in an attempt to build up or tear down the case that he was insane. On Thursday, Oct. 17, 2013 they are scheduled to argue over statements Holmes made to police after he was arrested after the July 2012 shootings and taken to a police station. (AP Photo/The Denver Post, Andy Cross, Pool, File)
CENTENNIAL, Colo. (AP) — 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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