Prosecutors in the Aurora movie theater shooting case have hinted in a court document that suspect James Holmes was questioned prior to being read his rights.

The detail came Friday in a filing by prosecutors arguing that Holmes does not deserve to be treated with "heightened standards of reliability and fairness" throughout the course of the case. Last week, Holmes' lawyers requested the judge treat Holmes with extra legal caution in "all aspects" of the case because he is facing the death penalty.

Prosecutors responded on Friday that they don't know what that means because Holmes' attorneys don't say how the increased standards of fairness would be applied.

"Without tying the request for relief to a particular proceeding or standard, the relief requested is essentially meaningless," Deputy District Attorney Rich Orman wrote in the response.

Orman then cited specific arguments that will likely come up in the case and questioned how a "heightened standard" of fairness would fit into those debates. In doing so, he hints there will likely be a debate over whether statements Holmes made to investigators can be admitted at trial.


"[I]t is all but certain that this court will hear motions where the issues of exigent circumstances and the public safety exemption to the Miranda rule are at issue," Orman wrote.

The Miranda rule is the requirement that investigators must have told a suspect his statements can be used against him for those statements to be admissible at trial. If police do not give the warning, a suspect's statements can be barred from trial, potentially hurting the prosecution's case.

There are, however, exemptions to the requirement for situations where an imminent threat to public safety demands that police question a suspect without delay.

The debate over Miranda rights and the public safety exemption most recently received attention following the arrest of Boston Marathon bombing suspect Dzhokhar Tsarnaev.

Holmes is charged with 166 counts of murder, attempted murder and other offenses in connection with the July 20 attack on the Century Aurora 16 movie theater. The attack killed 12 people. Fifty-eight more were wounded by gunfire.

There appear to be at least two instances in which Holmes talked to police prior to being read his Miranda rights. During the preliminary hearing earlier this year, police officers testified that Holmes told them shortly after his arrest that he had rigged his apartment with explosives.

"He just wanted to give me the information," Aurora police officer Aaron Blue testified then. "He just told me."

According to a search warrant affidavit, detectives also talked to Holmes in an interview room at police headquarters. The interview was recorded. But, when police advised Holmes of his Miranda rights, "Holmes requested an attorney at which time the interview was concluded," according to the affidavit.

Authorities have not revealed how long that interview lasted or what Holmes said.

Holmes is currently set to go on trial in February, and it will likely be months before the debate over the admissibility of his statements is fought in court.

Judge Carlos Samour ruled Friday that attorneys can argue the question of whether Holmes is entitled to extra standards of fairness at a hearing Monday morning. At that hearing, Holmes will also seek to change his plea to not guilty by reason of insanity.

John Ingold: 303-954-1068, or