CENTENNIAL | Accused theater shooter James Holmes appeared in court Monday for a hearing on whether fingerprint evidence should be allowed at his upcoming trial.
Holmes’ defense team has argued that several common practices — including the use of ballistic evidence from firearms and latent fingerprints — are not accurate enough to be used at trial.
On Monday, Melissa Gische, an FBI fingerprint examiner, testified that because no two fingerprints are exactly alike, using fingerprints to identify suspects is virtually an exact science.
But Holmes’ lawyers argued that in part because there is no standardized training for fingerprint technicians, the practice can be prone to human error.
Judge Carlos Samour, Jr. previously rejected requests from the defense to bar testimony on ballistic evidence and from a metals expert.
Before the hearing, the judge rejected a defense effort to gain unspecified University of Colorado records for a potential trial witness. The nature of the records and the identity of the witness haven’t been released.
Argument had been scheduled on that matter.
FBI Agent Stacy Furman, who examined evidence from the theater shooting, used a fingerprint on a firearms manual in Holmes’ apartment to illustrate how fingerprints are matched.
Furman testified she matched Holmes’ fingerprints 121 times on evidence from his apartment, but it wasn’t clear how many separate objects were involved or what they were.
Prosecutors used a TV screen to show two fingerprint images from Furman’s report. She said one was from Holmes’ right index finger and the other from the manual.
She said she found six key features in each print that matched.
“I am confident with my report,” Furman said.
Testimony was set to continue Monday afternoon with an Aurora police fingerprint technician..
Holmes appeared in court Monday with a scruffy beard and wearing a red jail jumpsuit with his hands and feet shackled. He sat quietly throughout the hearing.
Holmes is accused of killing 12 and wounding dozens more in the rampage at an Aurora movie theater. He has pleaded not guilty by reason of insanity and prosecutors are seeking the death penalty.
Jury selection in Holmes’ trial is scheduled to start in December.
Also Monday, several Denver television stations filed a motion asking the judge to allow video cameras in the courtroom during Holmes’ trial. The judge has not yet ruled on the motion.
The Associated Press contributed to this report.
They need to hang this bastard and stop wasting taxpayer dollars on this retarded trial. Its truly a pity that he wasn’t gunned down during his coo coo spree