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.
defence lawyers argued that Holmes’ constitutional rights had been violated by the “breach of confidentiality and privilege” and sought “sanctions for this misconduct”.
They hide behind this and feel no remorse knowing thier patient caused the murder of innocent people. They are accomplaces and we need to know the danger. These doctors have blood on thier hands. breach of confidentiality
when it comes to harming others infringes on the rights of the victims
he is human. But i suspect he was raised on chemicals and neglect.
More crap from the people who make saving endangered snails a federal priority. Thanks to "privacy" laws, we learn a great deal more about victims than we do about criminals, even those who commit the most horrific crimes. The result is that we are unable to take reasonable measures to protect decent citizens since we are left with no idea of what to look out for in the future.
De 21: 18 If a man has a stubborn and rebellious son who does not obey his father and mother and will not listen to them when they discipline him, 19 his father and mother shall take hold of him and bring him to the elders at the gate of his town.20 They shall say to the elders, "This son of ours is stubborn and rebellious. He will not obey us. He is a profligate and a drunkard."
21 Then all the men of his town shall stone him to death. You must purge the evil from among you. All Israel will hear of it and be afraid.
This is not a child. It is one of an age that he can be "profligate and drunkard". He is at an age where he can be dangerous.
He also is totally worrisome to his parents. It is not just the father or the mother that has to bring him to the elders, but it is both of them. They must agree on this course of action. Their own child is so bad that these parents believe the greater danger is his remaining alive rather than dying. Their concern for themselves, their family, and the community is so great that they believe ending his life would be better than what they are experiencing and what they foresee.
That is an incredible indictment against a son by both a mother and a father.
Then, it is the men of the town who will take this offspring and execute the sentence of stoning. Stoning is used so that others would see and fear. It must be a horrendous death. With the men of the town intent upon the execution, one would expect it to be quick. They are to "take him" implies that he is immobilized. An immobilized man subjected to head strikes by large stones could quickly die. Perhaps as fast as with hanging. In any case it is visually brutal, and it is designed to cause fear in others.
Parents will fear and take greater care in the raising of their children. Children will fear when they see the result of rebellion, profligacy, and addiction.
It is that line "purge the evil from among you" that is fascinating. Granted that it could mean no more that "get rid of a bad egg." But, what if in the Wisdom of God there is acknowledgment of defects, genetic or otherwise, that would be terrible to continue in a population that had no defense against them, no medical care to mediate them.
What if it's an acknowledgment that a rabid dog, a mean-natured dog, or a broken dog simply is best served itself by being put down? And what if it's an acknowledgment that an infection in the community can be multiplied in that and ensuring generations if it is tolerated? And what if it matters little if it is behavioral or biological?
Is capital punishment, here, also an acceptance that capital punishment is itself practice of a certain level of eugenics, after due process of law has been brought to bear? It could only be behavioral. I see that. But, could it be both. An intentional controlling that which gets passed on to future generations to prevent a quicker fall into degeneracy?
I really believe he was experimented on
There was some story about him playing video games.
I wonder who her shrink is.
public institutions of education have been “experimenting” on students for a generation at least.
And after that, it will come down to anonymous calls to the police saying "I think he's crazy."
“And after that, it will come down to anonymous calls to the police saying “I think he’s crazy.” “
In the Soviet Union under Stalin, there was one case (and I’m sure many others), where a family had a really nice apartment, and the neighbor had a crappy. The neighbor told the secret police that she ‘heard’ the family saying bad things about Stalin.
...the neighbor then got the vacated apartment.
In stoning, everyone participates, no one know which stone killed.
In this case, the scripture required only the men of the city to participate. With that addition, I’d agree with your post.
Nully, She looks like her eyes are put in backwards (the part that should be near the bridge of the nose is on the outside, by the shape). Did someone photoshop that?
GO see the Chaplain. Often, the chaplain can help you sort stuff out, too.
That makes sense. Whenever someone is trying to cure a schizophrenic, one of the personalities is going to take that as a death threat.
Very good advice.
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