Holmes attorneys seek records of 2 more officers
- Article by: DAN ELLIOTT
- Associated Press
- June 27, 2014 - 1:20 PM
DENVER — Lawyers for the man charged with the Colorado theater shootings are seeking disciplinary records of two more police officers, but they did not say why.
Subpoenas made public Thursday demand the records of Denver detective Michael Ryan and Aurora officer Brian Elwood. The July 2012 shootings took place in Aurora but officers from Denver and other nearby jurisdictions helped with the response.
If Ryan and Elwood participated in the response, they would be potential prosecution witnesses in the upcoming trial, and the defense could be trying to discredit them.
Last week, the defense asked for the disciplinary records of Aurora officer Joshua Schol. His department has said he was on duty on the date of the shootings had would have been a part of the response.
Denver police declined comment about Ryan Friday. Aurora police didn't immediately return a call seeking comment on Elwood.
Ryan was investigated by police in suburban Lakewood in April on allegations of soliciting a prostitute. Police said Friday the case has been submitted to city prosecutors. Prosecutors didn't immediately return a call. Ryan's attorney's name wasn't immediately available.
An Aurora Police Department investigation found that Elwood made a false statement, according to a letter that prosecutors in the theater shooting case sent to defense attorneys. The letter, which was included with the subpoena, provided no other details.
Another Aurora police investigation concluded that Schol was untruthful in a police report, according to the subpoena seeking his records. Aurora police declined to comment on the investigation of Schol, citing privacy rules.
Twelve people were killed and 70 were injured in the attack on the theater, where more than 400 people were watching a midnight showing of "The Dark Knight Rises."
James Holmes pleaded not guilty by reason of insanity to multiple charges of murder and attempted murder. Prosecutors are seeking the death penalty. His trial is scheduled to start with jury selection in October.
Separately, the judge rejected a defense motion seeking to prevent prosecutors from showing jurors a large model of the theater. That ruling was also released Thursday.
Prosecutors and the defense routinely decline to comment, citing the judge's gag order.
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