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Defense: Colorado shooting suspect was seeing psychiatrist

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    James Holmes saw doctor at university where he studied

  • Duration 3:11
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And just in the studio -- court papers say the former graduate student accused in the Colorado movie -- shooting was being treated by a psychiatrist.

At the university where he studied now.

The revelation disclosed Friday in a defense motion the motion sought to discover the source of leaks to some media outlets.

That a package that James Holmes set the psychiatrist.

Contained a notebook with descriptions of the attack.

The motion says the package contained communications between Holmes and his psychiatrist.

That should be shielded from public view.

As we reported earlier this week law enforcement officials told foxnews.com exclusively.

They James Holmes mailed -- notebook to University of Colorado a psychiatrist.

They say it was full of and illustrations.

Of the coming bloodbath let's bring -- our legal panel again for this big news coming -- former prosecutor Jeff gold.

And criminal defense attorney Regina.

Tom but not -- and Jeff explain this to us because the defense is saying that these diagrams these stick figures this is all privileged and should not be -- Well of course that's what the defense wants to say there's a couple things first of all there's a legal point.

If if some person is telling the psychiatrist they're going to commit an offense that's not privilege so that's number one and you wanna know something else.

I don't believe any of this I think this is part of his plan I think he said all this -- I think he went to the psychiatrist to set up the defense I think he told a psychiatrist thinks the setup of the fence and I don't believe that notebook by the way that we're been talking about -- actually was said earlier I think there's some whom we something rotten in bed.

Mark here and so it's a Regina give us the defense part of this why would you argue that this is privileged and that when you're kind of -- granting an attack.

This should not be released.

Well first of all communications between.

A party and their psychiatrists are privileged.

You need to encourage the person to be honest in order to be treated there is a host of people.

Who are treated for psychiatric conditions which may involve psychotic delusions or psychotic notions.

Psychiatrist cannot sit there call the cops every single time -- Something like this is mentioned written that nobody wanted to change it it do they really believe -- and it has done a car.

This and I started calling the cotton candy Regina you have to put that -- it.

Regina I'm gonna tell you I -- down in Aurora all last weekend okay and I'm gonna tell you something if he if he told psychiatrist he was going to committed.

It's not privilege and you can bet on it.

He didn't tell anybody he -- the notebook.

The notebook and now we're figures this -- figured that -- the -- of a psychiatrist calling out on his client I mean he has to respect that the psychiatrist when.

That's -- why are those who call the police the psychiatrist -- yeah required to -- required to call a client out if the client is going to commit a murder if he feel acquired -- minute and not let alone three I'll check a lot of people say a lot of things with special well there in street.

You can't you tell them.

Got -- -- -- into account is that -- -- acted no matter what thank you both.

Thank you both so much another last word from -- thank you we'll have much more on this breaking news as it comes in but again thank you both.

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