DA Wants to Use Holmes' Statements After Arrest Prosecutors say statements Colorado theater shooting suspect James Holmes made to police shortly after his arrest should be admissible at his trial even though he didn't have an attorney present. In court documents filed Wednesday, prosecutors say police needed to ask Holmes about explosives in his apartment to protect the public. Prosecutors say other answers Holmes gave police should also be admissible because officers were trying to see if he needed medical attention or was uncomfortable, not interrogating him. Holmes' attorneys have said the statements shouldn't be admitted as evidence because he didn't waive his right to have an attorney present. Holmes is charged with killing 12 people and injuring 70 in a Colorado movie theater in July. He pleaded not guilty by reason of insanity.