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Theater Shooting Judge Won’t Bar Firearms Witness

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James Holmes in court on Sept. 30, 2012 (credit: Bill Robles)

James Holmes in court on Sept. 30, 2012 (credit: Bill Robles)

CENTENNIAL, Colo. (AP) – The judge in the Colorado theater shooting case says a firearms expert can testify at the trial of defendant James Holmes.

The judge rejected a defense motion to prevent the testimony. He said Wednesday that forensic scientist Dale Higashi is credible and his testimony would be reliable. Higashi works for the Colorado Bureau of Investigation.

At a hearing in July, defense attorneys argued that firearms analysis is subjective and lacks statistics to measure its accuracy.

Holmes has pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 in the July 20, 2012, attack at a Denver-area movie theater. Prosecutors are seeking the death penalty.

His trial is scheduled to start Dec. 8.

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(© Copyright 2014 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

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