James Holmes defense filing confirms package, psychiatric care: Read it here

james holmes mug shot cropped.jpg
James Holmes.
A court filing today made by the defense team representing accused Aurora theater shooter James Holmes (see it and other documents below) offers up a series of revelations. It notes that Holmes was under psychiatric care prior to the attack, provides the name of the CU Denver staffer in question, confirms that a package was sent from Holmes to that individual, and asserts that the information it contains falls under doctor-patient privilege.

The "Motion for Immediate Production of All Discovery Pertaining to Improper Disclosure of Privileged Material," dated today, asks for everything in regard to the seizure of a package sent from James Holmes to Dr. Lynne Fenton, an assistant professor at the University of Colorado Denver as well as director of student mental health services at Aurora's Anschutz Medical Campus. In addition, the defense asks for info about a "breach of confidentiality and privilege" regarding it.

lynne fenton.jpg
Dr. Lynne Fenton.
This last reference presumably nods to a leak to Fox News, which reported that a package had been found, and that it contained a notebook featuring plans and drawings about the assault on the Century 16 theater in Aurora, where twelve people were killed and dozens more wounded during a midnight screening of The Dark Knight Rises on July 20, one week ago.

Just as interesting is this passage: "The materials contained in that package include communications from Mr. Holmes to Dr. Fenton that Mr. Holmes asserts are privileged. Mr. Holmes was a psychiatric patient of Dr. Fenton, and his communications with her are protected."

In other words, the defense attorneys doesn't want whatever's in that package -- and the notebook it might have contained -- to be used against their client.

The 18th Judicial District's response to this motion is firm and even snippy at times, chiding the defense for making assumptions based on media reports that are at least partly inaccurate. For instance, the document notes that Fox News stated that the Federal Bureau of Investigation took control of the package from Holmes to Fenton, which was discovered after the attack in a CU Denver mail room, but, in fact, the Aurora Police Department did so. Likewise, an NBC piece on the subject stated that two search warrants were retained after the package was found, rather than the actual number, one.

There's more, plenty more, in both of these filings -- so much, in fact, that Judge William Sylvester has ordered a hearing into the matter for 9:30 a.m. Monday morning. It should be fascinating.

Read all three documents, including Sylvester's order, here.


James Holmes Motion Pertaining to Improper Disclosure of Privileged Material

People's Response to James Holmes Motion Pertaining to Improper Disclosure of Materials
Order Regarding James Holmes Motion Pertaining to Improper Disclosure of Privileged Material

More from our News archive: "Aurora theater shooting: Judge makes CU records off-limits days before doc release."


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34 comments
theklintster
theklintster

ARE YOU ALL BLIND!!! THERE ARE TWO DIFFERENT PEOPLE, THE REAL KILLER FRAMED THE ACCUSED!!  LOOK AT THE DAMN PICTURES!!!!

 

DonkeyHotay
DonkeyHotay topcommenter

What the heck is wrong with her EYES ?

rvs44
rvs44

"Crazy" is still a word in the dictionary.. It should be used more often..

Juan_Leg
Juan_Leg

What are they going to do once they realize how many were shot by police gunfire ?

NOTHING !

IcePick
IcePick

The fact that he was arrested outside the theater with the weapons used is prima facie evidence of his committing the crime.  There is no chance this fool avoids conviction, play all the games you want.  

Jenniy Peltier
Jenniy Peltier

also i thought his parents were paying for lawyers

Jenniy Peltier
Jenniy Peltier

So he sent them to his shrink so they couldn't be used...

SheilahT
SheilahT

The moment a therapist in Colorado is told of an impending assault, made aware of a credible threat of violence, or that a crime has been committed that person is expected, by law, to contact the authorities.  James Holmes has no reasonable expectation of confidentiality with regard to the notebook.  Strike one for the defense team. 

 

To this member of the general public, it appears that the defense team is the source of the leaks.  They ought to consider that strike two.  If they want a fair trial for their client, they ought to start playing fair.

Bill Black
Bill Black

Dave, I'm old enough to be your daddy. In fact ... I just looked at a picture of your mom. I do know that old hag. Tell her I said ... how's tricks?

Bill Black
Bill Black

No Dave ... your mom is calling me. Tell her to go away.

Debbie Byers Phillips
Debbie Byers Phillips

STOP showing his face!!!UGH!!!!! Makes me cringe...can't believe what it does to the victims!!

Bill Black
Bill Black

Don't go away mad ... just go away.

Gwin Coleman
Gwin Coleman

Who cares. This guy want attention and to be a celebrity and the media is giving him just that. Focus on the families!!!

Bill Black
Bill Black

If you're tired of seeing something about this dude every freaking day, then change the channel. That's what we do in America when we don't like the content. What we don't do is ... whine about the content. That why we don't have a dislike button ... because no one cares if you don't like it. We could care less.

Bill Black
Bill Black

Sure, it is privileged communication. The law is the law. Hope they read it before it's ruled as such. What's funny is that it seems like Jimmy has got competent lawyers from the public defenders pool. That never happens. At least not to me, or anyone I know.

Ilea Ulery
Ilea Ulery

I'm taking you out of my news feed. I'm tired of seeing something about this dude every day.

ofsoundmindnbody
ofsoundmindnbody

 @theklintster

 Oh jeeze. Pretty sure his parents would know if it was not their son, don't ya think. Just because he dyed his hair does not make him a "different" person. Move on.

Mick
Mick

 @IcePick There's no question about his guilt. They are going for insanity (unlikely), or in the alternative, trying to avoid the death penalty. If they can control the evidence, there is a better chance of one of those outcomes. 

RobertChase
RobertChase topcommenter

 @SheilahT You must have missed the part about the notebook never being delivered.  Your perceptions are askew.  The defense need not apply to you for a fair trial.

detsandytrappie
detsandytrappie

 @SheilahT

 The psychiatrist didn't know he was going to do it.  She, like many other doctors are delusional when it comes to psychiatric medications and don't believe any amount of them causes harm.  Guess she was dead wrong.  The best thing the defense can do is to publicly name the psychiatric drugs he was prescribed by Fenton and to publicly identify any drug treatments such as ADHD meds, etc. he received at other times in his life.  This would make a better case for the public to understand that he was medicated into a delusional insanity state which caused him to murder these people.

DonkeyHotay
DonkeyHotay topcommenter

 @Mick 

 

You don't believe this shooter is insane?

 

Then who is?

 

 

SheilahT
SheilahT

@RobertChase

My comment was about Holme's lawyer' mistaken belief that their client is entitled to invoke therapist/client privilege. Not so....he told investigators about the notebook, they got a warrant from a judge, the therapist had no choice to turn it over. The privilege of confidentiality belongs to the client. Holmes spoke about the notebook: He lost his right to confidentiality. A therapist has no choice but to comply with a judge's order.  An investigator has every responsibility to follow up on all tips.  Any judge is going to want information pertaining to the commission of a crime.  That information will end up making it into the trial if everyone does their job properly.  

detsandytrappie
detsandytrappie

 @RobertChase

 LOL, you think you so much more intelligent than everyone, telling them how dumb their opinions are.  I bet Dr. Lynne Fenton thought she was a real smarty.  Wonder what she's thinking right about now. 

michael.roberts
michael.roberts moderator editortopcommenter

 @detsandytrappie The medication question will likely come up in this case. Thanks for the post, detsandytrappie.

SheilahT
SheilahT

 @detsandytrappie

 I don't know why people are blaming the psychiatrist.  I almost wonder if this guy is playing a game with her, mailing the notebook so it would get there after the fact.   He told investigators about it, so it must be important to him that she see it. 

I do see a lot of people writing about psych drugs. The defense ought to  become familiar with the work of Peter R. Breggin.  He did a lot of writing on the trouble with psychiatric medication. 

RobertChase
RobertChase topcommenter

 @detsandytrappie I don't know about Holmes' delusions, but yours are plain for all to see.  Your assumptions about psychiatric medications do not stand up to scientific scrutiny.  Your belief that intoxication explains murder is unfounded, and your advice to the defense to "name the psychiatric drugs he was prescribed" to deflect the onus for Holmes' behavior onto a drug is daft.  Scientologist?

SheilahT
SheilahT

 @RobertChase

 I believe that you never have studied the ethics and legalities of the practice of psychotherapy in Colorado.  Study it.  Look at case law (if you're so smart do it yourself, I don't have time to do  to for you today).  Generally speaking, if it is relevant to the case it will make it to trial.  Confidentiality laws are written to protect treatment information from being used to harass people but not to protect the truth if that information is pertinent to the commission of a crime. 

 

Besides, his lawyers are going to be begging for that info to be introduced if they think it'll spare their client the death penalty.

 

RobertChase
RobertChase topcommenter

 @SheilahT I believe that you are substantially incorrect.  Holmes speaking about the notebook did not constitute a waiver of confidentiality about its contents.  The judge's warrant does not mean that the notebook may be entered into evidence.

detsandytrappie
detsandytrappie

 @RobertChase

 I don't know what news you've been watching or reading but I've been reading the ones happening here in the real world where pretty much every mass shooter was on SSRI's.  You obviously have no experience with these meds.  You are a lucky person.

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