Prosecutors are in a legal dispute over credit union and bankrecords of James Eagan Holmes, who stands accused of killing 12people and injuring 70 others in a movie theater in Aurora, Colo.,on July 20, 2012.

Four days after the mass murder that shocked the nation, Auroradetectives had prepared affidavits and a court order to obtainHolmes' financial records at the $453 million Point Loma Credit Union in San Diego and at theUSAA Federal Savings Bank in San Antonio. Holmes was born andraised in California and moved to Colorado in 2011.

According to court records filed in District Court in ArapahoeCounty in Centennial, Colo., Holmes used a USAA credit card paidthrough his credit union account to purchase weapons, ballisticmagazines, military–type clothing, ballistic gear, gas mask,chemicals, explosives and numerous rounds of ammunition.

Police investigators sought to obtain the financial records toverify that Holmes made these purchases and to determine whatmethods of planning may have been involved to carry out the massshooting.

Colorado Public Defender Douglas K. Wilson, who is representingHolmes, filed a motion to suppress the credit union and bankrecords as evidence arguing that the documents were obtained as aresult of an illegal search and seizure.

In court documents filed last week, prosecutors admitted thecourt order was not signed by a Colorado judge to legally obtainHolmes' credit union records dating back to December 2003.Prosecutors said they are preparing a new affidavit and court orderprior to an Oct. 7 hearing on the motion to suppress the bankdocuments.

Court documents, however, show prosecutors did secure a courtorder signed by a judge to access Holmes' financial records atUSAA, dating back to November 2006.

Nevertheless, the public defender's motion does not argue thatHolmes' credit union records should be suppressed becauseprosecutors failed to have the court order signed by a judge.Instead, the public defender argues the credit union and bankrecords should be suppressed because there was “lack of probablecause” and “lack of particularity requirements.”

Although the credit union records were obtained without a signedcourt order, Aurora prosecutors said no new information relevant tothe investigation was derived from Holmes' financial records,according to court documents.

Last month, Holmes pleaded not guilty by reason of insanity.Prosecutors are seeking the death penalty.