James Holmes' attorneys will begin arguments this week that some evidence gathered after the Colorado theater shooting took place was in violation of Holmes' rights -- specifically two online dating profiles which allegedly belong to Holmes.
Shortly after the shootings took place back in 2012, police found email addresses on Holmes' cell phone which led them to dating profiles on both Match.com and AdultFriendFinder.com. Both online profiles included the tagline: "Will you visit me in prison?"
TMZ first broke the story about the AdultFriendFinder profile back in 2012:
Holmes created the profile on AdultFriendFinder.com July 5 -- and included a picture of himself with reddish, orange hair.
Holmes -- who used the screen name classicjimbo -- included a cryptic message on the top of the profile which reads, "Will you visit me in prison?"
The profiles have since been removed from the Internet, but Match.com spokesman Matthew Traub confirmed the TMZ reports that the profile was posted before the movie theater massacre. Traub did not comment on whether he believes the Match.com profile actually belongs to Holmes.
The Match.com profile also included the statement, "I spend a lot of time thinking about the future, mind (equals) blown," the AP reported.
Prosecutors intend to use the dating profiles statements as proof that Holmes knew the shootings were wrong, which would undercut his insanity plea.
The defense says that the evidence gathered from the website profiles were done in violation of Holmes' constitutional rights, 7News reports.
Attorneys for Holmes admitted that he killed 12 people and wounded 70 others in the Aurora movie theater on July 20, 2012, but that he was "in the throes of a psychotic episode" at the time.
Holmes' attorneys are also challenging other key evidence obtained from the theater shooting suspect's cell phone, car, explosives seized in his apartment and statements that he made to police after his arrest, according to The Denver Post.
"The searches of Mr. Holmes' apartment resulted from an initial illegal entry into the apartment," defense attorneys write in one motion.
But prosecutors say that the evidence gathered was done properly and that law enforcement's methods were also justified because of concerns for public safety even after Holmes was arrested.
Holmes is charged with 166 counts of murder, attempted murder and other charges for the July 20 shooting at the midnight screening of "Batman: The Dark Knight Rises" and could face the death penalty if convicted.