Judge William Sylvester granted prosecutors access to the school records of James Egan Holmes, alleged Colorado movie shooter, however denies access to the infamous diary in which Holmes details plans for attack that followed.
The documents released to prosecutors include all of the 24-year-old's school records, existing police records and information relating to his withdrawal from the Ph.D. program. However, the judge denied them access to the notorious diary, which was discovered days after he opened fire in an Aurora movie house. Sylvester denied access to the book, citing that it breached doctor-patient confidentiality.
The diary supposedly contains his confession of the massacre, his motive behind it and details regarding the attack. The notebook was sent to the university psychiatrist Dr. Lynne Fenton.
A few weeks into the trial, the University of Colorado Psychiatrist Dr. Lynne Fenton said that she informed a police about the PhD drop out expressing concern that her patient showed signs of imminent violence. In addition, police recovered a journal that Holmes sent the university physiatrist cautioning on the upcoming fatal event he planned.
Last week, prosecutors withdrew their request for access to the notebook citing that if Holmes and his lawyers pled insanity, it would automatically give them authority to view the documents.Holmes has yet to enter a plea, but the assumption from the evidence defense has been presenting hints that he is likely to plead not-guilty due to insanity.
Last week, prosecution under Chief Deputy District Attorney Karen Pearson added 14 additional charges against James Egan Holmes, alleged Colorado movie theater shooter. Prosecutors have also amended five of the other charges pitted against him in a hearing. Holmes has already been charged with 12 counts of murder and 116 counts of attempted murder.
If Holmes and his defense Daniel King opt for the insanity option, the case for prosecutors might become tricky, since this would mean that the burden of proof shifts to prosecutors, who will have to prove that Holmes is mentally sound.
According to the Colorado state law, prosecutors must prove the defense's sanity. Prosecutors will not be able to use their own examiners in investigating the defendant's mental state.
"It's burden of proof on steroids, it's totally subjective. It's not like proving somebody pulled the trigger. That's objective," said former federal prosecutor, Marcellus McRae, now in private trial attorney in Los Angeles to the Huffington Post.
Currently, the alleged shooter Holmes is being held in a detention facility of Arapahoe County in solitary confinement. The past few weeks have resulted in some revealing details of Holmes mental state.
Eighteenth Judicial District Attorney Carol Chambers told News Day that she is considering pursuing the death penalty, but only after consulting with the victims and their families.
On July 20, at a midnight screening of the cult-inducing Dark Knight Rises film at a movie house in Aurora, Colorado, Holmes, opened fire killing 12 people and injuring 59 others. He was arrested that morning and placed in custody.
RELATED ARTICLES:
James Holmes Court Hearing: Defense of Alleged Colorado Shooter Want October 25 Hearing Delayed (View Documents)
James Holmes Media Coverage: Prosecutors and Defense Want Less Media Transparency in Colorado Shooting Case
