Reuters has this story:

A Colorado police officer’s description of a purported smirk made by accused theater gunman James Holmes minutes after his arrest cannot be used at trial because the officer had an unreliable memory, a judge ruled on Friday.

Arapahoe County District Court Judge Carlos Samour Jr. ruled as inadmissible Aurora police Officer Justin Grizzle’s account that Holmes replied with a “self-satisfying offensive smirk” when the suspect was asked if he had an accomplice.

“Officer Grizzle’s recollection of pertinent events is not sufficiently reliable,” Samour wrote in an order.