Posted on 07/27/2012 7:12:30 PM PDT by RummyChick
The suspected Batman massacre gunman was seeing a psychiatrist specialising in schizophrenia before the attack that killed 12 in Colorado, court documents show.
The motion named Dr Lynn Fenton as defence lawyers sought to gain access to a package James Holmes had mailed to her prior the July 20 mass shooting, which also wounded 58 people.
Reports surfaced on Wednesday that Holmes - who recently dropped out of the University of Colorado - had sent a notebook to a university psychiatrist that included details and drawing of his plans to kill people.
There were conflicting reports about whether the package reached the school in time to potentially prevent the massacre, but officials remained tight-lipped due to a strict gag order imposed by the judge overseeing the case.
Judge William Sylvester unsealed some court filings on Friday after defence lawyers argued that Holmes' constitutional rights had been violated by the "breach of confidentiality and privilege" and sought "sanctions for this misconduct".
In a preview of likely battles to come, the defence lawyers also argued that the contents of the package should not be used as evidence because "Mr Holmes was a psychiatric patient of Dr Fenton, and his communications with her are protected".
Fenton teaches at the University of Colorado's medical school and heads student mental health services there in addition to conducting research into schizophrenia and other mental illnesses.
Prosecutors rebuffed the defence motion, arguing that news stories about the package contained significant factual errors and that there was no evidence the government was responsible for the leaks.
They also indicated that a FoxNews.com report that the package contained a notebook "full of details about how he was going to kill people" was incorrect.
Reports that the police "are currently examining the contents of the box" are "untrue, as the contents were secured and not examined," prosecutors said.
Holmes, who was studying neuroscience in a doctoral program at the University of Colorado, Denver is expected to be formally charged at his next court hearing on Monday.
Sylvester ordered a hearing on the defence motions also be held on that day.
The alleged gunman gained access to the movie theatre in Aurora, Colorado outside Denver via a fire exit shortly after the screening of The Dark Knight Rises began and threw two canisters of noxious gas into the auditorium, witnesses said.
After firing one round directly into the air with a pump-action shotgun, he began shooting people at random with a military-style assault rifle capable of firing 50 to 60 rounds a minute.
Authorities say Holmes - who had dyed his hair a reddish orange - claimed he was The Joker, Batman's sworn enemy in the comic book series that inspired director Christopher Nolan's film trilogy, which features British-born actor Christian Bale as "the caped crusader".
He gave himself up outside the cinema, still clad in the body armour witnesses described the gunman wearing.
Authorities said Holmes booby-trapped his apartment with the aim of killing anyone who went outside, likely targeting police and first responders.
It was days before neighbours were allowed back in the three-story building.
Holmes, 24, is being held in solitary confinement at the Arapahoe County Detention Center and could face the death penalty if convicted, although Colorado has only executed one person since capital punishment was reinstated in 1976.
Stay away from ALL drugs and Doctors (especially those who inquire as to the extent of your (Constitutional) arsenal/armory).
” Fenton is also a member of the campus-based “behavioral
assessment and threat assessment team,” which helps faculty and
staff deal with “individuals who may be threatening, disruptive
or otherwise problematic,” according to that group’s website.
It could not be ascertained if Fenton was caring for Holmes
under the threat-assessment program or under routine counseling
she provided to students on campus.”
http://en-maktoob.news.yahoo.com/3-colorado-shooting-suspect-under-psychiatrists-care-011709809.html
Think a minute. That’s going too far, lots of peopel see shrinks for lots of reasons. That’s probably what will be proposed though.
This gets into the ‘preventive law’ and ‘thought crimes’ area real quick.
Don’t have any idea what if anything should be done myself.
Tend towards doing nothing.
Armed citizens won’t allow mass murderering anyway.
I've seen it it at the early levels.
Is it common for colleges to have “threat assessment teams”?
It's a mistake for any sane person to see a shrink.
anyone who doesn’t vote for Obama is nuts. you’ve been adjudicated!
see how easy it is?
I wrote very early on that the scenario described might be a possibility.
My bro had some terrible reactions to some of the sh** they gave him. He became hyper and violent and wound up in jail. They eventually dropped the charges based on the meds and a doctors report.
More power to you...
Beware this article, FReepers.
Googling reveals Dr Lynn Fenton is an anesthetist in
Oregon, whereas Dr Lynne Fenton is the psychiatrist
in Aurora.
A Second Term would put most of us in the reticule of the Zer0 BATFE (when they should really be focused on Hollywood).
Called it. This guy was a total schizo. He probably could feel it coming in undergrad and that’s why he studied neuroscience. Once he left the protective environment of his parents, boom.
The story is real. It’s all over the internet.
University of Colorado has made it harder to find Dr. Fenton
http://www.ucdenver.edu/pages/ucdwelcomepage.aspx
I think he has made elaborate preparations to establish grounds for an insanity defense well before he was ready to commit his crime. He made sure he had all the pieces in place before he embarked on his murderous escapade.
For months before, he was mentally collected enough to plan and carry out his mass murder.
And once he was done he made sure he wasn’t going to get shot by the police by taking a non-threatening position before police arrived at the scene of the crime.
He’s faking it!
I believe he is play acting when he acts comotose and unattentive. It is all part of his plan to carry out the murders and escape the ultimate punishment himself.
Being a paranoid schizophrenic, hearing voices in your head, etc. doesn’t mean you are incapable of planning.
People want to believe it’s sane, then drooling and screaming in a straitjacket with nothing in-between, but it’s not true.
Since when do folks in the US use British spellings.....I don’t know what a d-fence is except to tear down a wall. A defense om the pther hand is something I hope I never need ( but probably will depending on how the world situation goes)
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.