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Prosecutors want access to Holmes' notebook

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    Critical arguments expected in Colorado courtroom

  • Duration 5:27
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Right now critical arguments and expected they're expected in a Colorado courtroom a judge will decide whether -- -- -- movie -- shooting suspect James -- University record should be turned over to prosecutors.

Holmes is accused of killing twelve people and wounding 58 others and shooting Rampage last month.

Bring in our legal panel right now to discuss this -- Jenkins is a former prosecutor and John meant well Ian is a criminal defense attorney good to see both a few.

John I'm serving -- -- because we're talking about 100 pages of documents 100 pages of -- records here.

These are non medical what could be in the d.s records these pages here John that could be so damaging.

That the defense attorneys do is they don't want it in at admitted it to court about -- what the judge.

See the papers.

I think -- prosecutions.

Looking for something relating to the intent of John Holmes and what.

If anything was he trying to do or anything that he's trying to stayed in those medical documents that they're trying to retrieve.

Remember they're trying to find out whether or not he told the psychiatrist whether or not in his medical records or -- school records he has any indication that he was actually gonna commit this act.

And if it's in those documents -- -- obviously the defense is gonna try to keep them precluded from the trial.

And -- talking about that -- -- is doctor Fenton in that the package that was sent to her.

With a notebook.

From homes and did you tell me how could be evidence inside of those pages bolster the case of the prosecution well it depends on what might gain.

I'm -- it -- -- -- what's in that no clicking here we're talking about.

You know these school -- -- why would they not be relevant they could be -- for any number of reasons to show motive.

Reasoning he stayed -- night and this is not a self -- its case this is not a who done it.

Really and truly the issue in this case is going to be his natural awareness he's named told -- -- he had some kind of mental illness and here we're talking about getting access to records that show.

He's a great -- -- he wrote if professors are discussing him in their observations of him all the scenes are truly relevant I see a basis for the if things aren't you that they should not be turned over to the prosecutors here.

John.

Well the probative value -- to outweigh the prejudicial effect and that's why the judge needs to make a call number one are these records probative -- might have a point.

They may be prohibitive but what about the prejudicial effect will this prejudice to defendant obviously if major -- any kind of indication that he intended to -- Do what he did at the movie theater it's gonna be prejudicial but again it's a balancing test and that's why the judge needs to make the call.

-- just just just something in their records may be bad or maybe prejudicial to him that doesn't mean there aren't allowed to be turned over that's unfortunate for him but that's not the way the law works prejudicial -- who we're talking by the jury right now we're talking about turning these records over to the prosecutors will -- Besides those records will talk about this one week from today in his it isn't his psychiatrist doctor threaten.

Is set to take the stand John -- -- you first on this when what do you think that doctor Fenton could say.

That could be damning it to -- defense.

Well obviously -- -- -- the psychiatrist takes a stand and says that John Holmes told her that he had an inclination or intention to commit this act.

Then I would absolutely be damning to the defense and dog that's something that the judge also -- the way in balance whether or not that's going to be admissible.

So I think that's what the defense fears I think that's what the prosecute that's with a psychiatrist will testify to based on the reports that I read.

He think let me only jumping here and -- and talk -- you first about another case that's in the headlines this is.

Drew Peterson case accused of killing his third wife hears something that happened just yesterday okay knowing knowing the co co worker.

Need -- money to settle gambling and tax debt in 2003 Drew Peterson casually offered him 25000 dollars.

To find a hit man to quote take care of his third wife Kathleen -- BO.

This is according to an associate who testified yesterday how crucial -- he is this testimony.

-- at any -- talk -- a circumstantial case here there's really no direct evidence linking Drew Peterson into these murder in the needed if -- is eating conceding it's a murder.

So obviously.

This is a puzzle that the prosecutors are trying to put together.

They are.

Pleading for witnesses every day and -- every day as a piece of the puzzle and it indicate they want jurors to say you know what this all fits together we have a clear picture here of what's -- and who -- and you Drew Peterson.

So this individual yes he has a criminal record he has a criminal background but guess what you don't go to someone and -- are gonna try to -- heat and you generally -- are -- you want someone -- you know out out that she did limits of authority giants out.

Yeah yeah I get your point be afraid that reading catcher in time finally get Johnny jump in there.

Before we go in John eight you need it is really serious testimony there did this pretty much crushed their cave -- case heard defense.

No I don't think so I don't think there's a lot of evidence in this case this is a circumstantial case in the prosecution's try to show.

Motive on behalf -- -- Peterson.

But motive is not enough.

And I think the fact that this guy captures got a sexual could conviction.

Is gonna -- not enough remember this the highest level of certainty required under the law ourselves and if it hasn't been met -- the jury's got -- quit Drew Peterson.

We'll we will keep an eye on that trial as well as the homes trial John and -- and think she can skip this.

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