CENTENNIAL, Colo. (CBS4)– Some of the evidence presented by prosecutors during the final day of the preliminary hearing for James Holmes included photos of the suspected Aurora theater shooting posing with guns and wearing body armor.
The defense for Holmes decided Wednesday morning on a “change of position” and will not present any witnesses in the preliminary hearing for the suspected Aurora theater shooting gunman.
Defense attorneys said that the preliminary hearing was not the proper venue to “put on a show” for a “truncated defense” and did not present any witnesses.
Holmes is accused of opening fire inside a crowded theater during a midnight showing of “The Dark Knight Rises” on July 20, 2012, at the Century 16 Theater in Aurora. He allegedly killed 12 people and left 58 others wounded.
Holmes has been charged with 166 counts, including murder and attempted murder.
The preliminary hearing began on Monday with the prosecution presenting evidence to the judge, who will determine if there is enough evidence against Holmes to continue with a trial.
The judge will make a decision at 9 a.m. on Friday whether to continue. He may also conduct the arraignment for Holmes at the same time.
Closing arguments are scheduled for Wednesday morning.
During their presentation on Wednesday, the prosecution presented dozens of pictures from Holmes’ iPhone, which was found in his car parked behind the theater.
The pictures were taken in the weeks before the shooting — June 29, July 5 and July 11. The pictures were both the interior and the exterior of the theater, including doors, carpets, door jams and hinges.
Holmes’ iPhone also included photos of himself with tactical gear on, holding an assault rifle and wearing black contacts.
Five of those pictures were taken July 19 just a few hours before the theater shooting. Four of those showed Holmes posing with bright red-orange hair and wearing ballistic armor as well as black contacts. In one photo Holmes is seen making a face and sticking out his tongue.
Another photo showed all the weapons, armor and tear gas he allegedly planned to use during the shooting.
Another photo showed the inside of his booby-trapped apartment.