CENTENNIAL, Colo. (CN) – Attorneys for accused mass murderer James Holmes asked that testimony from fingerprint experts be excluded at trial because their data could be unreliable.
Holmes, 26, is accused of killing 12 people and injuring dozens during a midnight showing of a Batman movie in an Aurora theater.
Prosecutors indicated they will seek the death penalty.
His attorneys filed a motion to exclude fingerprinting testimony in June 2013. They claim that fingerprint evidence is unreliable because “there are no known error rates for either the techniques used in performing fingerprint analysis or the labs and techniques conducting the testing.”
They also claim in the motion that “there are documented instances of erroneous fingerprint identification.”
Arapahoe County Judge Carlos Samour granted a hearing on the matter, which is set for Monday.
This is not the first time the court has held hearings on excluding expert testimony from Holmes’ trial.
Two hearings in July centered on whether to exclude testimony from ballistics and chemical experts.
Samour denied both motions.
The trial is expected to start Dec. 6.
- Nneka George; Brian Conzelman v. TD Bank NA; TD Auto Finance LLC; TD Bank US Holding Co.
- Dozens of Gangsters Sentenced in Tennessee