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Aurora theater shooting: James Holmes doctor-patient-privilege debate postponed

Thumbnail image for james holmes red hair court hearing.jpg
Holmes in court.
A hearing to argue whether a doctor-patient privilege exists between accused Aurora theater shooter James Holmes and Dr. Lynne Fenton, the University of Colorado psychiatrist he was seeing, has been postponed. Originally scheduled for Thursday afternoon, prosecutors asked that it be delayed until next Thursday, August 23, because they say they haven't received all the information necessary to prepare for the hearing.

"We have received ... more than 2,500 pages of discovery this week and 52 DVDs and CDs, but we are awaiting additional information," prosecutors wrote in a motion on view below. Information requested in a subpoena served to the University of Colorado, where Holmes was a grad student, "is necessary for the hearing on privilege," they added. Holmes's defense attorneys did not object to the delay.

On July 27, a week after the shooting, Holmes's attorneys filed a document called "Motion for Immediate Production of All Discovery Pertaining to Improper Disclosure of Privileged Material," that asks for all evidence related to the seizure of a package Holmes sent to Fenton. In an uncensored version of the motion made public in late July, Holmes's attorneys argue that the information is privileged.

"The materials contained in that package include communications from Mr. Holmes to Dr. Fenton that Mr. Holmes asserts are privileged," they wrote. "Mr. Holmes was a psychiatric patient of Dr. Fenton, and his communications with her are protected." The motion has since been censored to remove a reference to Holmes's patient status.

Thursday's hearing will still occur, but it will be mostly procedural.

People's Motion to Continue

For more, read our Aurora Theater Shooting archive.


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2 comments
DonkeyHotay
DonkeyHotay topcommenter

This dude has more Medical Privacy Rights than the average Medical Marijuana Patient foolish enough to register with CDPHE.

raymond.ingham
raymond.ingham

I have a post with a list of questions (fully referenced) the MSM (Mainstream Media) has neglected to ask, which could shed an awful lot of light on this horrible tragedy.  You can read the post "Questions the MSM doesn't ask about James Holmes" at http://wp.me/p1mEWh-7P, which includes:1.  Why does the MSM report that James Holmes was acting crazy in jail, yet the local Colorado news station reports that he is completely normal?2.  Why do victims report that James Holmes methodically picked his victims, in contrast to the media's reports that he seemed to randomly spray gunfire?3.  According to news reports, James Holmes was an "outstanding marksman", however no one seems to be seeking out how he received this training?4. Why did the University of Colorado remove Dr Lynne Fenton's (James Holmes psychiatrist) web page, and not disclose that she had been reprimanded on 3 different occassions for ethical violations in prescribing psychotropic drugs, one of which James Holmes admitted to police he was on at the time of his arrest?  (The page reappeared but looks slightly different than the web archive page)  5.  Why does the prosecution admit, yet the MSM is not reporting, that James Holmes did NOT tell the police about the notebook, and that no one has seen the contents of the notebook (It is reported that he told police about it, and that there are stick figures shooting other stick figures).6. Why has the MSM largely not retracted the untrue story that James Holmes said he was "The Joker" to the police after his arrest? Please read the rest of the questions (fully referenced) at the post "Questions the MSM doesn't ask about James Holmes" at http://wp.me/p1mEWh-7P and then see if there is something ELSE going on here...

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