Accused theater-shooter wants review of victim's text messages

- Could the crux of the theater-shooting trial come down to what was on Chad Oulson's cell phone?  New documents show it's a strong possibility.

Attorney Anthony Rickman reviewed them for FOX 13. "It may shed light on who he was talking to immediately before the incident, what he was talking about immediately before the incident,
and this person who he is texting with, if they can determine who it is could potentially be a witness."

In January of 2014, retired Tampa police captain Curtis Reeves was arrested for the shooting death of Oulson after the two argued over texting inside a movie theater. 

Reeves told cops Oulson was the aggressor and the 71-year-old feared for his life.  But Oulson claimed he was texting his sick 3-year-old daughter who was home with the baby-sitter.

Evidence later showed that wasn't true.

"Some of those texts that were sent, the contents of those messages are not what you send your daughter. Some of them are graphic, some of them are sexual in nature," said Rickman.

Privacy laws protect text messages from being released to the public.  But Oulson's own wife may have opened the door  by allowing police to search the phone right after the shooting.

"Ms. Oulson says, 'Go ahead and look at it.  You can have it.'  So the argument is there is no right to privacy because she gave it up already," continued Rickman.

So the defense is asking for the judge to review them privately and determine whether they are relevant or not. 

Rickman says they are very relevant. "So if Oulson is involved in something -- is angry, is already emotional, is already upset -- it goes to his state of mind it goes to why he acted the way he did."

Reeves is facing second-degree murder charges. He is using Florida's stand your ground defense.

The judge is expected to hear those arguments in February.
 

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