James Holmes' defense lawyers and prosecutors are arguing whether things he told police right after his arrest in the Colorado theater shootings can be used at his trial.
His lawyers are set to argue at a hearing Tuesday that what he said can't be used because police hadn't read him his Miranda rights. The Miranda advisement is the well-known warning that anything a suspect says can be used against him.
Prosecutors say what police asked Holmes before he was read his Miranda rights is legal under a public-safety exemption. They say police wanted to know if Holmes had an accomplice.
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.