The online dating profiles posted by James Holmes will be allowed to be presented in his trial for allegedly shooting up an Aurora, Colo., movie theater in 2012.
Holmes had dating profiles on the websites Match.com and AdultFriendFinder.com. In both profiles he used the phrase “Will you visit me in prison?” as part of his description while looking for dates.
Holmes is accused of dressing in body armor and a mask and using multiple weapons to shoot and injure theatergoers during a midnight screening of the Batman film “The Dark Knight Rises” on July 20, 2012. Twelve people were killed and 70 were injured.
Prosecutors have argued for months that the profiles should be admissible to trial to help show that Holmes knew that he was planning to commit a crime and disprove his plea of not guilty by reason of insanity. Holmes’ attorneys did not want the profiles admitted into evidence.
A judge ruled Thursday that they could be used.
“The ruling was predictable, especially given the judge’s prior rulings. The judge appears loathe to suppress any evidence that is important to the prosecution,” said David Beller, a Denver criminal defense attorney who is not involved in the Holmes case, but has been following it closely.
“It is damaging to the defense and helpful to the prosecution in that Holmes in essence has enough mental wherewithal to say that he anticipates going to prison. It’s not dispositive. Certainly he could still have been insane in writing such things, but it’s helpful to the prosecution,” Beller said.
According to court documents filed in the case, Holmes used the screen name “classicjimbo” and a picture of himself with orange-dyed hair. In the year-plus since the shooting, Holmes has won legions of fans and supporters calling themselves “Holmies” online.
Prosecutors are seeking the death penalty for Holmes. The trial is slated to start in February and is expected to last three months. Beller said he still thinks the prosecution and defense could reach a plea bargain.