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Will James Holmes' psychiatrist prove that he was sane?

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    Peter Johnson, Jr. weighs in

  • Duration 3:34
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-- 142.

Felony charges including 24 counts of first degree murder attorneys for suspected cholera -- shooter James Holmes.

May turn to his psychiatrist for evidence they may ask her doctor Fenton.

If holes was under and impaired mental state during the shooting but could a notebook he sent to doctor.

-- -- -- right there be proof of premeditated murder let's talk to Fox News legal analyst.

Peter Johnson -- morning.

-- -- you know you.

I think this is -- it is incredibly fascinating I think what's gonna happen but make a prediction now.

-- doctor Fenton turns out to be a witness for the prosecution.

That James Holmes is not insane.

This you'll ever contemporaneous records of treatment.

She's apparently an expert in schizophrenia.

She will I believe -- although I haven't seen the records yet.

That he was not compatible at that point that she was seeing him that he was not worthy of confinement in -- mental institution.

Or hospital.

And that he had not confessed -- intention to murder anyone at the same time I also predict.

That she.

And the University of Colorado in the state of Colorado will be sued.

By the families of victims -- -- -- on the duty to warn issue meaning that she had no obligation.

To tell.

Those persons who might be the targets of his -- and in the institutions and notify the police.

Of his conduct in the future -- -- told us that -- warned last week we didn't let me ask you about this obviously she's in the hot seat right now because everybody wants a note what -- sent out.

-- -- serve patient.

Privacy.

You gotta -- did she really have to reveal what was said yes -- it doctor patient privilege goes out the window.

In the event you we were told as a psychiatrist or mental health provider that a person's going to kill.

Or injure or main someone they have an obligation to tell of people involved right and then tell the police but what if he never brought that if it never brought it up and she's not libel and it's unfair a lot of -- of the media's been dump and on -- -- big time.

Over the last couple of days that -- -- A psychiatrist is not a guarantor someone's behavior a psychiatrist -- guarantee whether someone commits a crime or doesn't commit a crime.

-- goes off the real in terms of the schizophrenia which may have already been.

Diagnosed there's a lot of people walking -- schizophrenia.

Who obviously not saying sure there on medication they're leading daily lives that are as normal as can be possible.

But in this case.

What happened and did she become.

The fall guy in some ways for the defense -- the same time did she become.

The linchpin witness for the prosecution who will not have their own psychiatrists to say listen.

He may have had some psychiatric issues.

But he was not delusional but it was not insane and his appearances in court he has seemed.

On stage always seemed out of -- think.

800 people say it's an act we don't know it's -- -- we don't know -- -- drug we do know the notebook becomes a critical issue sure.

Does it show premeditation.

-- to show someone -- stick figures whose.

Absolutely insane.

Or some combination -- -- defense hardest defense to prove right in American jurisprudence.

Easier in Colorado because the burden is on the state.

To prove that the defendant is in fact.

The same.

All right very good Peter Johnson junior with legal angles we had thought about before --

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