A judge says prosecutors in the Colorado theater shootings can use evidence found in defendant James Holmes' apartment, which includes homemade bombs and a calendar with the day of the shootings highlighted.
DENVER - The man accused of opening fire on an Aurora movie theater told a classmate he wanted to kill people four months before the shooting, newly filed court records allege.
Prosecutors made the allegation in a motion released Friday seeking access to James Holmes' records from the University of Colorado Denver's neuroscience graduate program.
Holmes "had conversations with a classmate about wanting to kill people in March 2012, and that he would do so when his life was over," attorneys for the state wrote.
That alleged conversation would have occurred at roughly the same time that Aurora Police Chief Dan Oates said Holmes began receiving "a high volume of deliveries" at his home and at the university. Authorities have not said what those packages contained, but they said he ordered thousands of rounds of ammunition on the Internet.
The prosecution's allegation is the earliest report of a possible threat from Holmes, who was an enigma to many before authorities said he opened fire on a midnight showing of "The Dark Knight Rises" on July 20.
Twelve people were killed and 58 were wounded.
Prosecutors said Holmes left the neuroscience program in June after also making unspecified threats to a professor and failing his year-end final, both in that month.
Holmes' attorneys argue that prosecutors should have no access to his student records. It's not clear whether Holmes' attorneys filed a response to the alleged threats. Most filings in the case are sealed and none of the defense filings released Friday by the judge address the alleged threats.
The prosecution motion was filed last week but only released by the judge on Friday, a day after a court hearing in which prosecutors first asserted that Holmes had made threats. They didn't disclose any details about the threats in court.
Prosecutors, defense attorneys and a spokeswoman for the University of Colorado didn't immediately return calls seeking comment.
Holmes' defense lawyer, Daniel King, has said Holmes is mentally ill and was seeing a psychiatrist at the university, setting up a possible insanity defense.
But arguments at Thursday's hearing by Chief Deputy District Attorney Karen Pearson revealed a possible motive: Holmes' anger that he was failing at school, "at the same time he's buying an enormous amount of ammunition, body armor and explosives."
A gag order has been issued in the case. Prosecutors argued that gaining access to the school records would establish a motive by showing what Holmes hoped to accomplish at CU and the "dissatisfaction with what occurred in his life that led to this."
They also want to see records from campus police and a campus threat evaluation team similar to those established across the country after the 2007 Virginia Tech University shootings.
Some recited the names of the dead. Some did good deeds for their neighbors. And some practiced yoga, walked through nature, or simply talked.
"The day that we could have died is the day that we get to spend the rest of our lives together," said Aurora, Colorado theater shooting survivor Kirstin Davis, who will marry her fiancé Saturday.
His face was hidden behind a gas mask, and he was costumed from head to toe in a police-style helmet, black cargo pants and black vest. Then he started shooting.
James Holmes, the former neuroscience graduate student accused of the deadly Colorado movie theater shootings, is headed to the state mental hospital for an evaluation of his sanity.
A judge on Tuesday accepted James' Holmes plea of not guilty by reason of insanity, setting the stage for a lengthy mental evaluation of the Colorado theater shooting suspect.
The suspect in the Colorado theater massacre could enter his long-expected insanity plea at a hearing Tuesday -- though the case could also veer off on another tangent as his lawyers seek the strongest possible defense.
Lawyers for the Colorado theater shooting suspect say he wants to change his plea to guilty by reason of insanity, but a judge won't rule on whether to allow that yet.
Lawyers for the man accused of killing 12 people and injuring 70 in a Colorado movie theater say he wants to change his plea to not guilty by reason of insanity.
Attorneys for the Colorado theater shooting suspect suggested in a court filing Monday that they might be considering entering a plea of not guilty by reason of insanity over their client's objections.