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Dating website information allowed in trial of accused movie theater shooter

Posted Nov 8, 2013 9:24 AM CDT
By Debra Cassens Weiss

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A Colorado judge is permitting prosecutors to use information from dating websites in the trial of accused movie theater shooter James Holmes.

Judge Carlos Samour of Arapahoe County ruled on Thursday that Holmes had no expectation of privacy in comments he made on his profile in an effort to find dating or relationship partners, the Denver Post reports. The decision is here (PDF).

Holmes posted this question on his online profiles at at AdultFriendFinder.com and Match.com: “Will you visit me in prison?” TMZ learned of the question and reported on it, spurring prosecutors to obtain the records. Samour denied a motion to suppress the profiles and subscriber information.

Prosecutors could use the information to contradict a claim by Holmes’ lawyers that their client was mentally ill and didn’t know the difference between right and wrong, the Associated Press reports. The government could argue that Holmes knew the shooting was wrong if he expected to go to prison.

Holmes is accused of killing 12 people and injuring 70 others during a Batman movie in Aurora, Colo., in July 2012.

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