CENTENNIAL, Colo. -- The Colorado Supreme Court will likely have to
decide whether prosecutors in the Aurora movie theater shooting case
will get to see the contents of a notebook that the suspect sent to his
psychiatrist before the crime.
A judge made no decision Thursday on the matter and continued the hearing to December 20.
MORE: Colo. movie shooting prosecutors face difficult task
Court documents say the suspect, James Holmes, addressed the package
to psychiatrist Dr. Lynne Fenton. Dr. Fenton took the stand Thursday and
testified she was sent the package on July 19.
The package was seized by police on July 23 - just three days after
the theater shooting. According to court documents, Fenton never had the
package in her possession.
MORE: Aurora shooting victims' families speak out
Prosecutors asked Fenton if she would have opened the package. She told them no.
"I wouldn't have opened it given the shooting on the 20th, knowing it was likely the same person," she told the court.
The Defense asked Fenton if she was aware Holmes called the main
university number nine minutes before the shooting. Fenton said she was
not aware of that.
MORE: Times says Colo. gunman warned a classmate: 'I am bad news'
The court discussed whether the notebook was sent during the time
Holmes and Fenton had a doctor-patient relationship. If so, the notebook
could be considered privileged information.
The defense is arguing the notebook sent to Fenton is privileged
information due to her relationship to Holmes as his psychotherapist.
The prosecution says Fenton's relationship had already ended before the notebook was mailed out.
Fenton testified on Thursday that she felt her professional
relationship ended on June 11. Fenton claimed she did not see or talk to
Holmes in between June 12 and July 19 - when the prosecution says the
package was sent to her.
An inspector with the U.S. Postal Service, Greg McGahey, testified he
saw the package and said it was likely mailed on July 19 after the last
pickup.
In open court, Fenton said she was aware of her responsibility to report a "serious threat of imminent bodily harm."
Fenton told the court that she had a conversation with CU Police June
11, and that she was aware Holmes' CU access card was revoked June 12.
When asked by the prosecution how - in general - doctors usually end
their relationships with patients, she answered in hypothetical
statements. She claimed to the court that, in theory, the relationship
could end if:
- the patient told the doctor they do not want to come back
- the patient did not need treatment anymore because they got better
- the physician was moving and could not continue treatment
Although she was not allowed to answer to which way her relationship
ended with Holmes, she did say it was one of those three ways.
The prosecution told the court the defendant had no intention for the
package to be confidential. They claim he planned to be dead, in
custody or on the run by the time she received it. The prosecution went
on to argue that Holmes intended for Dr. Fenton to know what he did.
The court also considered whether the communication in the package
was for medical treatment that could fall under doctor-patient privilege
as well.
Holmes' defense team, the prosecution and the judge have not seen the
contents of the notebook. They decided to hold off on finding out
what's in it during one of the previous court hearings, until they
decide if that's privileged information.
The prosecution also detailed what happened the night of the
shooting. They said the defendant went to the movie theater July 20,
purchased a ticket and went inside and sat down with a hat on. He then
left his seat, propped open an exit door, put on a ballistic helmet, gas
mask, chaps, vest, and a groin guard and went back inside with a
shotgun and an AR15 rifle. At that point the prosecution was cut off by
the defense.
Holmes appeared in court on Thursday clean shaven and with a haircut.
Last time the public saw him, he had wild, red hair that was slightly
tousled.
Holmes is accused of killing 12 people and injuring 58 others in the Century 16 movie theater on July 20.
KUSA