Colorado Shooting Trial: Prosecutors Give up on Holmes' Notebook
ByProsecutors in the Colorado shooting trial have temporarily abandoned their quest to acquire Holmes' notebook that he allegedly sent to the University of Colorado psychiatrist Lynne Fenton.
At the Thursday's hearing, prosecutors dropped their request to access the notebook, which allegedly contains the descriptive details of the Aurora shooting that killed 12 and injured 58, acknowledging the legal showdown that may ensue if they continue to persist.
With prosecutors' reversal, Judge William Sylvester has now allowed the defense to examine the package that contains the notebook, which is now under the seal at the court, but only under rigorous evidence collection precautions, including wearing gloves and face masks.
Prosecutors had hoped to use the notebook to pursue the revenge motive saying Holmes academic career was in ruins and he made a 'detailed and complex plan' by obtaining fire-arms and arsenal prior to the tragic shooting.
But, defense attorneys had argued vehemently that the package as a whole falls under the patient-therapist confidentiality.
In an earlier hearing, Psychiatrist Lynne Fenton said that she last met with Holmes June 11 and believed that their patient-therapist relationship ended there as he had withdrawn from the program previous day. Hence, by July 19, the day when prosecutors say he mailed the package, the relationship no longer existed.
But, the ruling was in favor of defense as they managed to prove that Holmes made a call to the Fenton minutes before the shooting.
Prosecutor Richard Orman said on Thursday that he is hopeful that they will get to examine the package soon. He said that if and when the defense takes the insanity plea, which has already been hinted at in the previous hearings, they will have to allow the prosecutors to through the package.
Meanwhile, Judge Sylvester approved 10 new felony charges of attempted first degree murder filed by prosecutors against Holmes and allowed 17 current charges to be amended.
The precise amendments and additions are not known as of yet, due to the gag order issued by the judge.
Before Thursday's changes, Holmes was charged with 24 counts of first-degree murder and 116 counts of attempted murder.
His next court appearance is scheduled for Oct.11.