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I think this is a new first for the court,
Evidence of Colorado theater gunman's 'smirk' ruled inadmissible | Reuters
Evidence of Colorado theater gunman's 'smirk' ruled inadmissible | Reuters
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Even if the smirk encounter did occur, Samour wrote, it was "ambiguous ... (with) no communicative value and must be treated as silence."
Separately, Samour ruled that a search of Holmes's wallet, which defense lawyers also sought to suppress, was lawful.