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And more about the suspect in last week's movie massacring Colorado and his alleged plans.
-- murder people James Holmes apparently sent in chilling notebook to a psychiatrist outlining his plan.
That notebook was discovered at a University of Colorado medical center on the day home's first appeared in court.
And was mailed sometime before the shooting Rampage are still piecing -- -- and much of this together Jason Freeman is a former prosecutor Brian Russell doctor Brian Russell.
Psychologist and an attorney nice to have you both doctor -- so limited that -- a general question is.
As a psychologist.
If you have -- At and patient how do you know what's privilege between the two view and what you actually have to tell someone about.
Well first of all Janet there would have to be a doctor patient relationship for anything to be privileged and then.
The duty to warn somebody about potential violence arises when the -- health professional has actual knowledge.
Of specific harm that's eminent to a specific individual or group of people.
And right now we don't know the nature of the relationship.
Jason between this alleged killer.
And this medical center between whoever he tended to we we we still have so much to learn on this.
It just your thoughts in general though there's a -- discussion about.
You know is there -- a liability here from.
The hospital for medical center from the psychologist from the team inside the mail -- that maybe got this notebook and nadir may be not delivered at -- what what do you see when you sit through this.
Yet at what your point is well taken personal any liability that would be on that the that the professor or the college potentially would be civil liability has nothing to do with that a crime I don't think.
However it's -- very unclear you know when they receive this notebook.
Who if anyone sort but more importantly going to -- doctor Russell's point there's no indication that there was any kind of relationship between.
Holmes and this psychotic psychiatrist professor and that is Paramount if you're gonna talk about conferring liability.
Upon not hospital I'm sorry upon the -- university or upon.
The psychiatrist himself you really have to establish the nexus that he knew -- should have known something that we've been Schrager the duty to warn as doctor Russell just explain how.
Right so leave that there for a second doctor Russell let's talk a little bit about.
It just the pattern you're actually on our program just a few days ago and you said that this guy and you're in your opinion.
Probably has -- clause or has something to say.
And then surfacing and this report of -- no but.
Fits into what you're saying doctor Russell about that theory tell us a little bit more about that and what you bosses -- in other crimes committed.
-- Janet so far this is consistent with my theory that this shooter had something to say.
And hopefully we'll find out somewhat from the contents of this package what that may be now the Virginia Tech shooter is similar he mailed a package to the media shortly before his Rampage the difference is that he intended to die in the course of his Rampage.
And the -- -- -- shooter clearly intended to survive it went to great lengths to survive it.
So I think that this package was probably an insurance policy -- and Casey were to be killed in the course of it that the message would still get out somehow so I still think that we're going to hear him attempt.
In the course of a trial to articulate the message orally.
And -- saying Jason who has seen.
This notebook at this point we have and the media -- and have both sets of lawyers starting to look through this is it already in front of a judge and be where where is its notebook right now on and who is actually -- -- -- look at it.
Well I -- my my understanding the FBI has physical possession of the notebook.
You know law enforcement has the -- -- review that as part of their investigation.
Into this I do not believe it yet been turned over probably to the defense team and or the court.
Certainly the prosecutors are probably conferring with the FBI and law enforcement it's very likely if they have or he reviewed the contents of it.
At some point obviously it will be turned over to the defense team.
The quote will be provided with that and obviously that's going to be a big part -- The trial and all the proceedings going forward from this point but right now it's very early on probably FBI and prosecutors are the only people that have seen it.
For now so if if if it's part of evidence Jason and didn't does the public it's just see it or is it something that.
Will never get a look at.
It really depends on what how the judges gonna run the trial we already know there's a gag order so that I got a lot of communication and dialogue that is being disseminated to the public.
It remains to be seen what are they gonna do if this case goes to trial in terms of publicity would -- -- a televised trial will -- be a gag -- right on through.
Certainly if this comes out at the time of trial.
Those people in the courtroom -- be privy to and what we just don't know at this early stage.
How much if -- all will be disseminated to the public.
Yes still so many questions and and that's certainly a lot to still work your case and doctor Russell nice to have -- both with us today thank you so much thank.
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