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Will alleged CO gunman's notebook impact case?

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    Legal panel debate new development

  • Duration 4:14
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Much again to this breaking news at their legal panel as well -- Jackson is with that he's a former prosecutor.

Well our prince is a criminal defense attorney Harry -- your reaction to this news it's just.

But this is clear evidence of pre planning of premeditation.

And a determined effort to get the job done which was to massacre people in cold blood.

You have to have your wits about you you have to be logical you have to be -- you have to know plotting and planning.

To do something like he did.

Not only is -- the letter itself which is stunning in chilling but you add that to what he actually did.

Which was to carry out the objectives of the -- and his promises and getting ammunition and getting the weaponry that he needed in booby trapping his apartment.

All of this goes and demonstrates that this is this is premeditated murder in the first degree and on the Colorado law certainly warrants the death penalty.

-- are you agree.

Well I don't actually I'm certainly it's gonna -- -- the prosecution's claim a premeditation and I think that -- had a relatively easy time -- -- but it doesn't necessarily take away and in defense of insanity and of course we've got a backup they're gonna do a full psychological.

-- psychiatric psychiatric excuse me an isolation have him.

Spend other point to remember is that part of Colorado's -- -- defense.

It's something caught irresistible impulse and what that in layman's terms means is that he had it in -- that he couldn't controlled -- And so while this may show premeditation.

The irresistible impulse could be something that kind of thing going on for days weeks or months so they're stuck in a potentially have that claim it makes it hard for.

I just wanna share a little bit more from this report again going back to you.

This notebook sitting in -- mail room at this facility -- -- souvenir reviewers are probably asking the question you know how could this notebook sit there a full week.

At head at this event and if -- went and opened -- up.

What could -- changing -- Joey we don't know at this time whether or not this psychiatrist had any contact.

With a man on our screen we do know that the psychiatrist.

-- at this school and also treated patients so.

How potentially could the story change if we find out there was any established relationship.

Between this doctor and James Holmes.

Ultimately -- what'll happen is is that that relationship if any will be evaluated thoroughly and certainly whatever past dealings this doctor had -- didn't have with him.

The nature of those type of this it's whether or not.

He was evidence sing any type of lack of confidence or any type of insanity -- I don't wanna dismissed that was points is out of hand ultimately will happen is is that -- be a number of experts who have gone to evaluate him and when those experts do have a fully suspect that they will be differing opinions as his mental state of mental status.

However if he was being treated by someone that someone would be the best person since -- -- And talk about in general how he was mentally and how he was whether he was getting worse or better well what the nature those treatments what -- Aren't you that you working is defense attorney that I have if you were if you were representing -- and the families of the victims of -- working with -- and then in any capacity.

You know how would you share this news with them today and and what would you say to that.

Now it's it's just.

And makes it so much worse because of course they're thinking already what could have been done to stop -- and and here they're gonna look at it but the sad part is they're gonna look to the university it say you know could be university have done any thing.

And I agree with -- there's going to be a thorough evaluation of his relationship with a psychiatrist.

Was this -- treating psychiatrist rests in his somebody he knew an up.

An eight patient on there this type of way or was it just simply somebody that he knew it up profess our.

-- is certain that mental health professionals have reporting requirements.

But we don't know whether that relationship was established and whether -- psychiatrists had any reason to know prior to getting this package after the fact.

Then there -- any risk of danger here.

We have Mary Hart at a breakfast to the family admits it just adds another -- are already tragic situation such a good point ten got and we always want to make sure that we consider -- -- we talk about.

The legal ramifications of this.

-- -- Joey thank you so much for your reaction to his breaking news more on this.