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Details emerge on accused Colo. gunman's psychiatrist

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    Legal panel weighs in on the case

  • Duration 5:22
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Kelly scores back in session on the docket today bombshell developments in the Colorado movie massacre.

-- -- shooter James calls formally charged today with 24 counts of murder among a long list of other charges.

Attorneys also argued over a defense motion.

That is trying to discover who leaked information to the news media.

About a package that -- sent in the mail to this woman.

Her name is doctor -- Fenton she is the University of Colorado psychiatrist.

Who holes now says was treating him.

She is also a member of the university's threat assessment team although we don't know that that's the capacity in which she was treating him.

The package addressed to her apparently contained a notebook that outlined an attack showing stick figures killing other stick figures.

Which raises the question what did doctor Fenton and the university know about homes.

Before he allegedly opened fire and can they be held responsible for it.

Joining me now -- -- Fox News legal analyst and mark I Clark who is a former prosecutor now defense attorney.

So now we know that he was under psychiatric care we don't know whether she came into his -- -- life.

As part of her threat assessment capacities or just because he sought counseling from her.

In some capacity but according to can't she was -- psychiatric doctor.

And there is a duty -- under the law if -- a psychiatrist treating somebody under some limited circumstances.

To break privilege and go report to the authorities -- -- think cavity presentation.

Yes and let's talk about the privilege for 12 doctor in client privilege doctor patient Clinton -- commit rather that you cannot break that privilege unless.

The patient tells you it pretty much explicit form.

I'm gonna do this at such and such time or date or you know not even that close to this -- that person I am going to carry out -- harmful -- Then that psychiatrist and or doctor has the duty of reporting to the state agencies.

That the client is going to be doing it it it was born in in the wake of -- another university shootings.

Of a girl named -- -- a -- off.

And she was -- university student.

A guy was seeing a psychologist on the campus and the psychologist after receiving a specific threat that the guy was gonna kill her.

Did he warned the campus police but that was all and then she was stabbed to death.

That loss to.

Resulted in the court's holding that a psychiatrist has to give warning or at least to protect the intended victim yes -- mark.

If they can establish that doctor -- Fenton.

Either through this package that they tried to get to hurts it doesn't look like she got it or through some other means to the counseling sessions that she had with Holmes was -- old.

Of his plans to murder folks.

Could she face liability could the university.

The answer is yes and that's an easy one but her -- has been up on your screen we -- her name several times I've got to -- there there is absolutely no evidence.

What so ever at this point that he.

Ever communicated anything tour that was clear.

And that was -- imminent threat that he intended to create number one number two this package never got to her.

Even -- leaks that are coming out which prosecutors have said are not accurate.

No one suggested she received this notebook and knew about this tragic apart.

Mark -- okay a senior right on that assumed she did not have a notebook would you agree with me -- just walking back for second if -- -- that if he sent on notebook to her she doesn't get at in time obviously.

-- you know before this massacre happens.

But don't you think would -- become a logical conclusion that -- been talking to her about these things explaining we wanted to know and wouldn't that be part of her no I wouldn't know.

And -- psychiatry counseling sessions mark.

-- exactly how we're gonna deduce what is in this man's mind and it's logical that he would have done something.

Story leasing -- -- really nice guy but he is planning this for at least four months marquis was amassing the weapon she's amassing.

The body here he was laying out the explosives plans to his apartment -- So I'm what I'm saying is communicated that to.

-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Well we're gonna find out all day long.

You can ask all day long but this doctored there's no evidence whatsoever that he spoke one word about it and if it was in general terms like you said.

You know what I -- someday want to do harm to somebody.

-- will concede that's not even -- and a general ahead in its estimate plan but I will kill them because at least the right to get to her records and look at data and find out -- -- -- at least it.

We are definitely going to see the records of what mr.

Holmes and doctor Fenton discussed are we not.

As soon as the defense asserts an insanity plea but the fact comes -- mark and absolutely it does mark well.

What you're talking about the -- but -- general.

Any reason -- -- -- Hannity mark you're telling me we don't get to see the records between that the alleged shooter is like -- Doris.

Probably yes -- probably.

We're gonna get to see it -- so -- so that we'll find out whether they discussed his homicidal tendencies and do we all agree though that as mark points out it's gonna happening you say to.

Ask specific heat yes yes say I'm thinking about killing somebody it's got to be I picture myself in a theater that's -- not.

We all agreed yes but not that we don't this doctor's records that's right after this break.

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