No decision made in James Holmes' notebook hearing

4:27 AM, Aug 31, 2012   |    comments
  • Share
  • Print
  • - A A A +

A judge made no decision Thursday on the matter and continued the hearing to December 20.

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.

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.

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Fenton told the court that she had a conversation with CU Police June 11, and that she was aware Holmes' CU access card was revoked June 12.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-TV © 2012 Multimedia Holdings Corporation)

Most Watched Videos