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Defense attorneys argue notes belonging to Colorado shooting suspect are protected by doctor-patient privilege
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Well the suspect in the shooting Rampage at the Colorado movie theater today smiled and seemed to pay attention in court.
A shift from the days in wide -- suspect we've seen in the past there are no cameras allowed inside today but here's how James Holmes looked to back in July.
Orange hair gives them away replaced with short brown hair and a short beard I'm told.
Here -- -- to sketch the sketches gives an idea of what it looks like anyway today in court prosecutors gave up their fight to get.
Access to a notebook which they say the suspect may yields to his one time psychiatrist for the attack.
Prosecutors they -- to say they believe it details the bloody shooting spree.
But defense attorneys argue the notes are protected by doctor patient privilege and prosecutors say they didn't want to hold up the trial fighting for its relates.
Plus they say it will be released anyway if the suspect uses an insanity defense.
Defense attorneys have already said that Holmes is mentally ill.
He's accused of killing twelve people and wounding 58 others during a midnight movie screening back in July.
Let's bring in the judge are just a Fox News senior judicial analyst judge in an Apollo turnovers with concede -- that Chapman -- the here.
I want to know about this thing I guess we'll know what's in that they eventually as well there will learn a lot of lot from a OK we.
We'll only know what's in that notebook if he pleads insanity -- as -- he pleads insanity.
In Colorado he does not have to prove he's insane.
The state after it has to prove that he is saying it.
And in proving that the state would be entitled to the same materials that his lawyers and his doctors had one of which would be this notebook.
The reason the state one of the notebook at a time is to preempt him from program pleading insanity.
Because the state has reason to believe from other sources.
That the notebook shows a plan.
To commit this then that would -- to a jury anybody that could plan something this detail in this terrific is not insane they knew what they were doing.
If I'm a family member and and I might wanna know what was this guy will spot -- Well known fact I think I probably would not I think everybody probably wants that now line and we may never know and he could plead guilty tomorrow -- -- sense to -- for the -- for the rest of his life that might not like in the case of the guy who almost killed in Arizona congresswoman Giffords and did kill a federal judge and others.
On the other hand if there is a try at all.
Sharp as you know the evidence and his guilt is utterly overwhelming the only conceivable defense.
Is insanity in which case -- the notebook comes comes into play in and the government will get it without even asking for.
Arguments have been made that you we might be able to learn something a society that law enforcement unity might be able to that.
That psychiatric community's might be able to.
But they're they're there is an argument to be made that you don't learn a great.
Well I mean this is this is a very difficult case.
I mean the court had a difficult time deciding whether or not this the psychiatrist even qualified as his doctor because he saw her -- infrequently.
And he saw her it just because she was the psychiatrist employed by that by the college that he was attending.
But the court decided that was enough contact that she was his positions so the secrecy between the patient and the physician applies we may never know.
What was in his head.
Unless he pleads insanity and she gets up and testify -- you know everything he's said to earn you in all of those sessions while.
I wonder and the referenda it's not going to be happy outcome in the matter no matter what it is of this -- thank you.
