Saturday, September 22, 2012

Evidence battle continues in Colorado theater shooting case

File courtroom sketch of Dr. Lynne Fenton and shooting suspect James Holmes (Bill Robles)

[Updated at 11:40 a.m. ET]

A number of witnesses, including the lead police investigator, are expected to take the stand in a Colorado courtroom today when lawyers continue their debate over access to a notebook suspected mass murderer James Holmes mailed to his psychiatrist. The notebook reportedly contains descriptions of a violent attack.

Holmes was arrested two months ago behind an Aurora movie theater, where authorities say he killed 12 people and injured 58 others in a shooting rampage during a premiere showing of Batman "The Dark Knight Rises." The melee is among the worst mass shootings in modern-day American history.

The former Ph.D. neuroscience student has been charged with 142 criminal counts, but prosecutors said this week they want to tack on 10 additional charges. Details of the new charges, which will have to be approved by Judge William Sylvester, haven't been made public.

Holmes allegedly mailed Dr. Lynne Fenton, a University of Colorado psychiatrist he had seen, a package the day before the July 20 shootings. The package, viewed by many as a crucial piece of evidence, reportedly contains the highly sought-after notebook.

Prosecutors say it's evidence and want access to the notebook. But defense attorneys said Holmes is mentally ill and sought Fenton's help, making the package protected under doctor-patient confidentiality. They want it returned to Holmes. The package remains sealed in an Arapahoe County court clerk's office until Sylvester can rule on the relationship.

The Associated Press reports that Deputy District Attorney Rich Orman told Judge Sylvester that Aurora police major crimes detective Craig Appel, the lead investigator, and detective Tom Welton, an investigator in the case, would testify Thursday.

From the the AP story:

Orman said in court that Appel will testify that Holmes bought a ticket at the theater, took a seat, then walked out of an emergency exit, propping the door open so he could come back and start shooting. Orman said Welton will testify that it was Holmes who posted profiles on Match.com and AdultFriendFinder.com before the shooting with the tagline, "Will you visit me in prison?"

Thursday's hearing is scheduled for noon ET/9 a.m. MT in Centennial. Yahoo News will have a reporter in the courtroom and will update this story throughout the day as details become available.

Source: http://news.yahoo.com/blogs/lookout/evidence-battle-continues-colorado-theater-shooting-case-144635848.html

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