10/21/2013 06:02 pm ET

James Holmes' Bank Records Were Improperly Seized: Police


During their testimony on Monday, Aurora police admitted that they did not know that they had improperly seized Aurora theater shooting suspect James Holmes' bank records until almost a year later.

Police say that the court order used to seize Holmes' records from the Point Loma Credit Union in California did not have a judge's signature, though the bank turned them over anyway.

According to a report by The Denver Post, a detective who drafted the order sent it on to another detective in San Diego to get signed. That detective, working on behalf of Aurora investigators, ended up sending the order to the credit union even though it did not contain the signature of a judge, but the bank had already turned over the records by the time the mistake was realized.

Ten months later investigators obtained a signature by a California judge and received the same records, but Holmes' defense team is arguing that the evidence -- along with evidence seized from Holmes' iPhone and iPod -- should be thrown out.

In previous hearings detectives have testified that Holmes had taken pictures of the Aurora theater with his iPhone before the attack and had taken photos of himself the night of the shootings, wearing black contact lenses and smiling with a Glock handgun.

Holmes is accused of killing 12 people and injuring 70 during a shooting at a movie theater in Aurora in July of 2012. He has pleaded not guilty by reason of insanity.


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