Attorneys may point out US mass shooter's rights at hearing

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Suspect James Eagan Holmes attends his first court appearance in Aurora, Colorado, July 23, 2012. [Photo/Agencies]

 

Attorneys working for James Holmes are expected to make a point of the mass shooter's rights at a hearing scheduled for Monday, which has been granted by a district court judge.

In a flurry of court documents released Friday, the defense attorneys made a motion that their client's "rights to a fair trial had been placed in serious jeopardy" because of illegal leaks to the media.

Defense attorneys for Holmes, held in connection with one of the worst mass killings in U.S. history, wrote Friday that Holmes sent a privileged, confidential package to his psychiatrist, Dr. Lynne Fenton, that was illegally seized by police and its contents "leaked" to the media by police sources, in direct violation of court orders.

Arapahoe District Attorney Carol Chambers responded in a " People's Response" document filed late Friday afternoon, accusing the media of "inaccuracy" and questioned sources reported by ABC News and others that a "notebook" mailed to Fenton from Holmes detailed plans for Holmes' gruesome act.

"Certainly the media, including Fox News and NBCNEWS.com have said this," Chambers wrote, alleging the media fabricated its sources and "is getting information from hoaxers, fraudsters or maybe from nobody at all by creating fake 'law enforcement officers' out of whole cloth," she added.

On Friday, District Court Judge William B. Sylvester granted a hearing on the motions, to be heard Monday, at which time Holmes will be formally charged with an anticipated 12 counts of First Degree murder and dozens of assault and weapons charges.

The defense motion was authored by Daniel King and Tamara A. Brady, who sat with the orange-haired Holmes at his hearing on Monday. Calls to Holmes' lawyers were not immediately returned Friday and the Arapahoe County prosecutor's office declined to comment.

Fox News stood by its story on Thursday, quoting anonymous law enforcement sources who said the "notebook" was "full of details" about how Holmes was going to kill people, that it was delivered on July 12, and sat unopened in the university's mailroom until it was seized by police on Monday.

The "notebook" revelation immediately created questions as to whether the massacre could have been stopped. The University of Colorado received the package from Holmes prior to the killings. Calls to the University Friday were not returned. NBC News confirmed Friday that a law enforcement source said, "the package contained writings about killing people but wouldn't go into more detail."

ABC News, quoting anonymous sources, reported that inside the notebook were drawings of a stick-figure gunman mowing down his victims and plans for the massacre. Legal experts expect Holmes' attorneys to file an "Insanity Plea" at his official "Arraignment, " which won't take place for at least 60 days.

If Holmes is proven to be insane, it would stymie the Death Penalty verdict sought by family members. Currently there are three people on "Death Row" in Colorado.

The existence of a "notebook" detailing plans for the mass killings would bolster the defense's anticipated "Insanity Plea," legal experts on MSNBC argued Friday.

Also on Friday, The Denver Post and 19 other media organizations filed a motion seeking to reverse the gag order imposed by Judge Sylvester on Monday, which will be addressed Monday as well.

Holmes was arrested without incident outside the Century Aurora 16 early July 20, and is accused of barging into an exit door during the premiere of the new Batman film, "The Dark Knight Rises, " and using several guns, firing off dozens of bullets into the unsuspecting audience that killed 12 and dozens injured.

Dr. Fenton, a board certified psychiatrist at the University of Colorado's Anshutz Medical Campus in Aurora, regularly sees 10 to 15 graduate students a week for medication and psychotherapy, as well as five to 10 patients in her general practice as a psychiatrist, according to a resume posted on the university's web site. Student mental health and schizophrenia were listed as her interests.

It is not known if Holmes was under medication at the time of the killings, or how long he had been seeing Fenton.

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