Judge: DA can use evidence from James Holmes' apartment

The Associated Press Updated: November 18, 2013 at 8:54 am • Published: November 18, 2013

DENVER — A judge says prosecutors in the Colorado theater shootings can use evidence found in defendant James Holmes' apartment, which includes homemade bombs and a calendar with the day of the shootings highlighted.

In a ruling dated Friday, the judge rejected defense arguments that the apartment search was illegal because it began before police had a warrant.

Prosecutors argued the search was legal because Holmes told them he had explosives at his apartment, and they didn't have time to wait for a warrant because of the danger.

The bombs didn't go off.

Holmes pleaded not guilty by reason of insanity to charges of murder and attempted murder in the July 20, 2012, attack. Twelve people were killed and 70 injured.

Prosecutors are seeking the death penalty.

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