In the chaos surrounding the aftermath of the Aurora theater shooting police officers failed to read alleged gunman James Holmes his Miranda rights until close to two hours after arresting him; Holmes' lawyers are expected to argue that anything he told officers should be inadmissible during the trial, according to the Associated Press.
Police officers are required to read the Miranda rule to people they arrest so that the arrested know their guaranteed Constitutional rights, including the right to remain silent and not answer any questions from the police.
Holmes' lawyers contend that since their client was not read his rights anything he said to the police during the first two hours he was in custody can't be used in court. The prosecution argues that because of the urgency of the situation the questions they asked Holmes - if he was alone, if there were bombs set in the theater etc. - are legally admissible under an exemption to the Miranda rule related to public-safety, according to the Associated Press.
Holmes was arrested standing next to his car near the exit of the theater while survivors ran out of the theater in a panic. Shortly after being arrested Holmes told officers that he was acting alone and that if they were to go search his apartment they would find that it had been booby trapped with explosives, according to the Associated Press.
Two weeks of hearings are scheduled to determine what evidence will be allowed in the trial. Last week prosecutors argued that statements made by Holmes in online dating profiles should be admissible to the trial since they show that he was capable of knowing the difference between right and wrong. On the two profiles Holmes used the subject heading "Will you visit me in prison?" according to the Daily Mail.
Holmes is accused of killing 12 and injuring 70 during the 2012 mass shooting that took place during a midnight showing of "The Dark Knight Rises." Holmes has pleaded not guilty by reason of insanity.
