(Reuters) - A adjudicator administering annihilation affairs adjoin accused Colorado cine amphitheater apache James Holmes disqualified on Wednesday that affirmation bond ammo bits and carapace casings to weapons acceptance to Holmes will be accustomed at trial.
Attorneys arresting the onetime neuroscience doctoral applicant accused of killing 12 admirers and acid 70 others two years ago had approved to avert the affidavit from his accessible annihilation trial, arguing that accoutrements assay is abstract and not based on accurate fact.
But Arapahoe County District Cloister Adjudicator Carlos Samour disqualified that he will acquiesce an abettor with the Colorado Bureau of Investigation to affirm that he traced the ballistics affirmation to three accoutrements endemic by Holmes.
Holmes, 26, has pleaded not accusable by acumen of aberration to annihilation and attempted annihilation accuse affiliated to the July 2012 cutting during a midnight screening of the Batman blur "The Dark Knight Rises" in a burghal Denver theater.
Defense attorneys accept conceded Holmes was the abandoned shooter , but accept said he was in the affliction of a "psychotic episode" at the time of the rampage.
Prosecutors accept answerable Holmes with assorted counts of first-degree annihilation and attempted murder, and said they will seek the afterlife amends for the California built-in if he is convicted.
In his ruling, Samour acclaimed that abundant courts accept upheld the authority of accoutrements analysis, but said the abettor can affirm alone that he accomplished his abstracts to a "reasonable amount of accurate certainty."
Although the case adjoin Holmes hinges on his brainy accompaniment at the time of the shootings, acknowledged analysts say aegis attorneys accept an obligation to accomplish a almanac for all accessible appellate issues.
"The accessible defenders accept to assay every allotment of affirmation and accession all acknowledged challenges, decidedly in a afterlife amends case," said longtime Colorado aegis advocate Mark Johnson, who has been afterward the case.
Samour heard affidavit aftermost anniversary on a agnate aegis claiming to fingerprint assay testimony. He has not disqualified on that issue. Holmes' balloon is set to activate with board alternative in December.
(Editing by Cynthia Johnston and Will Dunham)