published Wednesday, October 17th, 2012

District attorney in theater shooting gets access to some of James Holmes' records

  • photo
    James Holmes, accused of killing 12 people in a shooting rampage in an Aurora, Colo., movie theater, appears July 23, 2012, in Arapahoe County District Court with defense attorney Tamara Brady in Centennial, Colo.
    Photo by Associated Press /Chattanooga Times Free Press.

CENTENNIAL, Colo. — A judge says prosecutors can have access to some university records of the man charged in the Colorado theater shootings.

Prosecutors say the records could establish a motive for the July 20 attack that killed 12 people and injured 58. Lawyers for former University of Colorado Denver graduate student James Holmes had argued prosecutors were going on an overly broad fishing expedition.

A judge ruled in a document released Wednesday that prosecutors can see certain campus police documents relating to Holmes, certain documents Holmes sent as part of his university application for admission and documents concerning his withdrawal from school in June.

University psychiatrist Lynne Fenton, whom Holmes had seen as a patient, has said she spoke to campus police about Holmes. Prosecutors won’t see documents covered by doctor-patient privilege.

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