ARAPAHOE COUNTY -- An Aurora police officer says the theater shooter had a "self satisfying, offensive smirk" on his face when he was arrested wearing a ballistic helmet, a gas mask and throat and leg protectors.
AFTER AURORA INTERACTIVE PAGE
Officer Justin Grizzle said the shooter had the smirk on his face July 20, 2012 after Grizzle asked him if there were other people involved in the shooting.
The testimony came Tuesday morning in a motions hearing at the Arapahoe County Justice Center.
Theater shooting defense attorneys want to prevent a jury from hearing testimony about the smirk Grizzle says he saw on the shooter's face and other comments the shooter allegedly made because the shooter had not been read his Miranda rights before police asked him questions.
Officer Jason Sweeney also testified that he asked the shooter if anyone else was involved.
"He said, 'No it's just me,'" Sweeney said.
Officer Jason Oviatt also said he heard the shooter talk about bombs that were in his apartment.
Prosecutors argue they had the right to ask those questions and talk to the shooter because there was an immediate necessity to find out if there were other shooters to protect public safety.
Officers testified they initially thought the shooter was a police officer because of how he was dressed.
Officer Sweeney said he noticed the shooter's gas mask was different than Aurora Police Officers wear.
Sweeney and Oviatt said they also suspected the shooter wasn't an officer because he wasn't trying to help people or rushing around to find the shooter.
"He was just standing there," Oviatt said Tuesday in court.
The theater shooter appeared in court but did not speak Tuesday. James Holmes has pleaded not guilty by reason of insanity to murder and attempted murder charges.
Holmes is accused of killing 12 and injuring 70 at an Aurora theater in 2012.
He pleaded not guilty by reason of insanity.
Prosecutors are seeking the death penalty.
(KUSA-TV © 2013 Multimedia Holdings Corporation with The Associated Press)