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Gazette Premium Content James Holmes dating website records can be used at trial

photo - File-This June 4,2013 file photo shows Aurora theater shooting suspect James Holmes in court in Centennial, Colo. Holmes is scheduled Tuesday, June 25, 2013 at a hearing where the judge overseeing the Colorado theater shooting case will reconsider the timing of the trial and other proceedings. (AP Photo/The Denver Post, Andy Cross, Pool,File) + caption
File-This June 4,2013 file photo shows Aurora theater shooting suspect James Holmes in court in Centennial, Colo. Holmes is scheduled Tuesday, June 25, 2013 at a hearing where the judge overseeing the Colorado theater shooting case will reconsider the timing of the trial and other proceedings. (AP Photo/The Denver Post, Andy Cross, Pool,File)
Associated Press Updated: November 8, 2013 at 1:12 am

DENVER — The judge in the Colorado theater shootings says records from two dating websites where defendant James Holmes asked "Will you visit me in prison?" can be used as evidence in his trial.

The judge on Thursday rejected a defense motion to suppress the records from AdultFriendFinder.com and Match.com.

The judge says part of the defense request is moot because prosecutors don't plan to use as evidence any communication Holmes had with other website subscribers.

The judge also says defense attorneys didn't show Holmes has a constitutionally protected expectation that his website records would be private.

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

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