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.
She looks _____?
Under HIPPA, yes, you have a Duty To Warn, but only if the patient names a specific person. And then you can’t tell anyone who the person making the threat is.
Cute, huh?
Like a squinting middle aged woman?
Spare me psychological and political analysis based on pictures...all the stuff that people claimed to see in Holmes' eyes based on the first picture of him was pure nonsense.
That movie had nothing to do with the reality of what was Nash’s life. If you read the book you’ll see zero correlation b/w it and the movie. His delusions didn’t even start until he was older than 30.
We need to ban psychiatrists.
I read a schizophrenic site talking about James Holmes.
Two interesting things.
One schizo said he was highly susceptible to subliminal programming.
Another poster said that the Unabomber was a classic untreated Schizo.
The Unabomber was experimented on by a Harvard Professor that had been working for the OSS. It happened during the MK Ultra Years.
You can act out a delusion but be partly aware that it is a delusion - and continue to act it out because you want it to be the truth.
The life of a Schizo.
Note the URL.
The book claims that he cured himself (or something like that) without drugs.
According to some of the stories I’ve read, Holmes told the police he’d taken Vicodin before the attack. I wonder where he got those from.
That's not true. In many cases they are required to report, especially if there is a threat to a minor child.
If it does...Hollywood will cease to exist....
There go the Second Amendment rights of every enlisted combat soldier who sees a therapist. Enlisted men, stay away from them. Yet another law will be passed against anyone who’s been in therapy and hasn’t paid lawyers to eliminate or conceal personal histories.
Experts have suggested he might have had a psychotic break after failing to meet the expectations of his father, who has a degree from Stanford and a successful career, the Daily Mail reported. LinkI'm not surprised Holmes was seeing a psychiatrist who specializes in schizophrenia, however, it's a damn shame he didn't select one who opened her mail, but in the blame-game of it all, I put a lot more emphasis on the parents. Why were they encouraging or allowing their son to attend [the pressures of] grad school in the first place? Parents have to find a way to get over the stigma of mental illness, realizing its severity, and buckle down, prayer up, and help their kids!
Not the story.
The name.
Did not ABC just screw someone on this same matter?
hint: yes.
here is an interesting blurb from a full blown schizophrenic:
“I can tell you when my SZ blossom occured I was about 24yo. I was highly vulnerable to sublminal messages etc.
In my case I was repulsed by guns as my oldest brother was murdered when I was about 17. Im now 40.
I recently discussed my own “diagnosis” and “prognosis” with my Pdoc for the past 6 years or so. He remarked to me you prognosis is ok, its really good. He then remarked you’ve had a previous diagnosis of SZ related to drugs, I nodded, then I remarked yes I was slipped a “Micky”. The point is that, after that event I was no longer “myself” I suffered for years. What had happened was that someone actually did drug me, I was so incoherent that it took over 3 years to recall. But even then there was nothing I could do, my mental state was what it was/is. I can never truly escape it.”
He lied. There is no public record of his mental condition so there is no "fail safe" backup to lying on your ATF Form 4473 (filed with FFL licensed seller when transferring ownership of a firearm). That may change under Obamacare as all medical records will be computerized and accessible by authorized personnel (scary thought that, isn't it?).
Regards,
GtG
Last I looked they can report the threat but cannot say who it came from, and may only report it if the patient has named someone specifically. “I’m going to kill everyone!” doesn’t qualify.
“-Undated: Prescribed herself Claritin, which was not a controlled substance, but required a physicians order. -April 1997: Prescribed Lorazepam and Vicodin for an employee suffering chronic headaches and anxiety. -April 1997: Ingested three Xanax tablets when mother was suffering terminal illness. -1998: Provided an employee four Xanax tablets for anxiety over an airline flight. -1999: Prescribed Ambien to her husband for insomnia on at least three occasions, then directed him to obtain the medication from his regular treating physician.
The stipulation said Fenton did not maintain a medical chart or enter appropriate or essential entries for her chart relating to herself, her husband or the employee.
She voluntarily completed more than 50 hours of continuing medical education with the Dannemiller Memorial Education Foundation in pain management and COPICs Level I Risk Management Seminar.
Fenton acknowledged to no longer prescribing medications for family members and employees except in life-threatening emergencies. She acknowledged she will not prescribe or dispense narcotic medications for family or employees under any circumstance. She is only to prescribe medications to bona fide patients.”
http://www.thedenverchannel.com/news/31312016/detail.html
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