James Holmes asked for lawyer, never saw one during questioning

Oct. 18, 2013 at 8:23 AM
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AURORA, Colo., Oct. 18 (UPI) -- Aurora, Colo., theater shooting suspect James Holmes asked for, but never saw, an attorney minutes after detectives began questioning him, his lawyer said.

Denver defense attorney Iris Eytan testified Holmes' mother, Arlene Holmes, hired her the morning of July 20, 2012, the same day Holmes is accused of shooting a dozen people to death and injuring 70 others at a theater where a Batman movie was being shown, The Denver Post reported Thursday.

Eytan said she received a call at about noon that day from detective Craig Appel asking if he could question Holmes about explosives police found in the suspect's apartment in order to defuse them safely.

"He said the request was being made on behalf of FBI director (Robert) Mueller, and I said 'no,' " Eytan said Thursday. "I made it absolutely clear."

Detectives questioned Holmes anyway for 37 minutes about the explosives, which prosecutors said was necessary because of the urgent public safety risk of the potentially dangerous apartment building.

Holmes had asked for an attorney in the morning of July 20, seven minutes into a first round of questioning, but never saw one, the Post said.

Defense attorneys said statements Holmes made during the interrogation should be thrown out because he was denied his right to legal representation. Should that happen, prosecutors wouldn't be able to use anything Holmes told them about the explosive devices and they may not be able to argue he was sane at the time of the shooting, the Post reported.

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