A Boulder jury will be allowed to see the first moments recorded on body-worn camera when police officers first encountered in the store’s pharmacy department the man accused of killing 10 people and a police officer at the Table Mesa King Soopers in 2021.

The judge made the decision as the process for selecting jurors for the trial of Ahmad Alissa has begun.  

Officers had asked Alissa, dressed only in his underwear and handcuffed, a host of questions including whether there were other shooters.

Boulder District Judge Ingrid Bakke denied Alissa’s public defender’s motion to suppress his first conversation, reasoning that under these circumstances, police had a reasonable need to protect the public and officers.

“The officers’ questions are geared almost exclusively toward public safety concerns, such as asking Defendant where he left the gun, whether he came to King Soopers alone, and whether there were any other people inside the building who were going to shoot at them,” the judge said. 

“Did you come here by yourself?” an officer asked. “Yes,” he said, according to court documents.

The exchange also showed Alissa asking to speak to his mother, which was reported in a court motion. He was told that he would not be able to talk to her until he answered officers’ questions.

“I will let you call your mom if you answer my questions,” said Boulder Police Sgt. Adrian Drelles, according to a July 26, 2024 prosecution motion.

Here’s how that conversation went, according to the documents. 

After the defendant said he does not have to answer questions, Drelles responded: “I don’t want anybody else to get killed. I’m not letting you call your mom until you answer my questions. Is there anybody else inside that is going to shoot at us?”

Defendant responded, “I don’t believe so, but can I talk to my mom? Just let me talk to my mom.”

Drelles then said: “Yes, we’ll let you call your mom.”

Alissa’s attorneys wanted the footage suppressed from jurors at trial because Alissa wasn’t read his Miranda rights before he was queried by law enforcement, though he was in police custody. 

Bakke ultimately granted the body cam footage to be allowed.

“Under normal circumstances, Defendant’s responses to the officers’ impromptu interrogation would be suppressed,” she wrote in what could be one of the last court orders before the trial begins after Labor Day weekend.

Alissa wasn’t read his Miranda Rights until 2 a.m. the next morning, while he was handcuffed to a hospital bed.

A second order to suppress Alissa’s statements while he was in the hospital being treated for his leg wound and in custody was more favorable to the defense. Alissa’s attorneys argued that statements he made before he invoked his right to remain silent should be suppressed.

Bakke agreed.

Alissa has been charged with 10 counts of first-degree murder, 47 counts of attempted first-degree murder, one count of first-degree assault, 10 counts of felony possession of a prohibited large capacity magazine, and 47 crimes of violence sentence enhancers in connection with the March 2021 shooting.

Alissa has been housed at the Colorado Mental Health Center in Pueblo, but by order of the court, he will be transported to Boulder this week by Boulder Sheriffs to face trial. 

On Monday, prospective jurors filtered in and out of the Boulder County Justice Center to fill out a questionnaire. According to an order filed Aug. 6, Bakke noted that at the time jurors in Boulder County were summoned on the Alissa case, there were  “219,223 available people remaining in the pool and a total of 1500 people were summoned.” 

On Sept. 3, the attorneys will begin the process of questioning prospective jurors in person. Opening statements could start the week after Labor Day.