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Report: Holmes' talked about killing people to psychiatrist

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    Legal panel weighs in on the case

  • Duration 6:30
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The -- court is back in session on the docket today a new report that one month before he allegedly killed twelve people and wounded another 58.

The Colorado movies massacre suspect talk to his campus psychiatrist.

About killing quote a lot of people.

This report on earth as thousands of new emails in the case have just been released.

-- a local station out in Denver Colorado was reporting that the psychiatrist treating James Holmes reached out to the campus police because of his remarks and actually violated.

Patient confidentiality.

Because she was so concerned.

But then she reportedly opted not to place him under -- psychiatric hold because he was withdrawing from the university.

That was in June.

In July this was the scene in a roar Colorado.

Where authorities say Holmes opened fire on a packed movie theater.

Killing twelve as I said wounding some anymore.

The new evidence raises questions over whether someone somewhere could have seen this coming should've seen this coming.

And should have done more to protect the community.

Not just the campus.

Joining me now Mercedes Colin who's a Fox News legal analyst and mark right rush is a former prosecutor now defense attorney.

-- in New York so mark let me start with you on this on whether.

This psychiatrist.

Who you know according to reports was told by -- he wanted to kill a lot of people to the point where she violated the privilege little contact the cops.

Should've done more.

Megan I'm not ready to hang anybody yet until I know what really the facts are we can play with your introductory facts and -- those -- the facts.

We could play hypothetical but I want to know from her which I've yet to hear or see any emails that say he told me that he wanted to kill hundreds of people.

Now immediately in the few chair because.

I guess the point where she calls the campus police I have clearly and violates patient confidentiality she clearly thinks -- I think I agree but then the question is why didn't day authorities.

Deem it to be a significant enough rest to do something.

That's apparently what took place so it depends on the words that we're told to her.

She -- -- passed that along because she thought all right may be and then they look and they say you know what we don't think this is significant Mercedes the police the campus police reportedly said to her -- do you wanna put him on a site cold Dirk is psychiatrists.

And she said according to this reporting.

No because he's about to quit is -- you'll see.

And now shame on the psychiatrists for not doing something more some of -- sport obviously she was concerned enough to reach out and say look I honestly believe.

And that's one of the reason why there -- a violation I honestly believe there's imminent harm to other individuals on the campus that's what she reached her.

Per patient client relationship and made those disclosed that's the only thing you can do with that a violation to she was clearly concerned.

For those that for the campus students and that's what should disclose it.

But secondly you know what mark you'll never know -- what exactly was told she won't not come forward unless she's able to show that there -- some imminent harm.

And and because there are federal regulations that prohibit.

That disclosure but it was -- What -- and that's and that's been the reporting the reporting is that the local police officer said visit campus police.

Said do you -- 72 hour mental health evaluation -- city to our -- detention.

And she was it doctor -- sent -- was empowered to order is such a hold but they say.

About the cop had no reason to order such a hold her self and were deferring to the doctor's judgment the doctor said it.

He's already put in his notice that is withdrawing from the university.

So they said the hold wasn't necessary I mean does it -- this psychiatrist mark have more I have an obligation to -- community.

Not just the campus to -- the answer is yes I just can't get past that the facts -- that black and white -- that perfect but if if those of the fat sketchy idea that we got and we we don't know until we hear it ourselves in court it -- Arizona's.

My -- reported negative there's ever a time.

We're gonna truly hear what happened and then come back singles collection of -- -- psychiatrist on the buzz or other officials because it wasn't exactly like that this may be the case but yes -- play along.

And of those -- the facts.

Then yes she has an obligation to.

I'm mark she didn't disclosure that he was a threat and really want -- -- attempted.

She made the disclosure of the thread on campus since she had done something more to prevent the massacre from -- happened in the community -- yeah.

This receive without letting people could just -- not to not to -- all the focus and and let's just be clear.

James Holmes as one responsible for these murders.

And Andy the only reason looking at those who were advising James Holmes or knew about the threat.

Is to make sure that similar behaviors not repeated in the future by similarly situated psychiatrists and police and so on so we do they need to be some accountability there as well what.

At a morning you know -- suggests that any given -- homes is responsible but on the on the second the campus police proceedings.

Is it true that.

I wish they never thought -- governor psychiatrists say the guys threatening to kill a lot of people I'm so concerned violating patient confidentiality to tell you.

And that in the campus police say all they can say is what do you wanna put a cycle I -- can't -- -- can you go arrest somebody for just saying that stuff.

That's hard to believe well I mean there's so I don't think they had into it now able to actually arrest him for making those comments in the -- -- -- told about it.

But say come on already been done could I don't know it'll -- -- -- to sort of watch out to make sure he doesn't it.

You know -- exactly the question on -- him they could women in that 72 hours psych evaluation.

That could've could've really led to preventing this isn't very.

Difference on the queens are patient saying you know what and sometimes in the weakest moment when he sharing with it's like hi this is even sometimes I feel like coming myself and even hundreds of people.

Verses and saying I am going to harm hundreds of people very soon.

-- a lot of different areas diamond on the and the difference apparently -- dinner in his consultations with doctor Fenton because she.

Broke patient confidentiality and called the cops yeah.

And -- Megan and every jurisdiction does a mental health law that says if someone says hey I think human harm myself or others you can't put them under that psych evaluation and that's what the -- -- saying.

That same long existing -- on.

-- -- universities what you're saying is that the cops were not empowered to do much without the psychiatrist saying put on the whole.

Exactly right.

And that's unfortunate for them because obviously there's 20/20 hindsight look you know -- in place SE uncomfortable thing about this whole thing is that we're all looking back knowing what happened in a -- are also.

You have to you have to be somewhat forgiving of the folks who we're trying to make their best judgment but.

We'll see how plays out hale thank you both thanks --

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