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Movie Theater Massacre in Colorado 12 people murdered and dozens more injured as they watched the Batman premier. What prompted such a senseless massacre of innocent people? Join us for discussion.


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  #51  
Old 07-27-2012, 05:52 PM
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Originally Posted by KathrynL View Post
Defense motion re: psychiatrist, confidentiality

http://extras.mnginteractive.com/liv...tion%20D11.pdf
Yikes, it says Mr. H. was a psychiatric patient of the doctor.
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  #52  
Old 07-27-2012, 05:54 PM
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Yikes, it says Mr. H. was a psychiatric patient of the doctor.
Well, the defense sure doesn't seem to worry about his privacy when they release this info.
LOL. Court documents appear to be a great way to release info when there is a gag order in place.
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  #53  
Old 07-27-2012, 06:02 PM
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Quote:
Originally Posted by KathrynL View Post
Defense motion re: psychiatrist, confidentiality

http://extras.mnginteractive.com/liv...tion%20D11.pdf
People's response :
http://www.courts.state.co.us/userfi...20to%20D11.pdf

Shhhh dont tell the judge these are all listed in the state court website lol...
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  #54  
Old 07-27-2012, 06:04 PM
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Originally Posted by February View Post
People's response :
http://www.courts.state.co.us/userfi...20to%20D11.pdf

Shhhh dont tell the judge these are all listed in the state court website lol...
Hah. Told ya all about trusting fox news anonymous sources.
By the way isn't it a great way to release info with a gag order in place?
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  #55  
Old 07-27-2012, 06:09 PM
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http://www.thedenverchannel.com/news...16/detail.html

But Arapahoe County Senior Deputy District Attorney Richard Orman's written response to the defense motion said inaccuracies in the Fox News reports about the notebook indicate that whoever provided the information didn't know the facts of the case.

Instead of law enforcement sources "leaking" details about the notebook, Orman wrote that the news media may be getting information from "hoaxers, fraudsters," or maybe news reporters fabricated the information by "creating fake 'law enforcement sources' out of whole cloth."

I recall the Aurora police chief stating that someone claiming to be him had made it on the air of a news outlet, and cautioned the media - perhaps the very day of the shooting. I don't think the DA's argument can be easily dismissed.

imo
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  #56  
Old 07-27-2012, 06:10 PM
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Hah. Told ya all about trusting fox news anonymous sources.
By the way isn't it a great way to release info with a gag order in place?
lol..am sure you and i been using these crime forums for many many years now- i started on that laci peterson case at courttv and there will be good and bad news and wrong news that some media like Foxnews reports


it's actually better that we get the right info directly from the court
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  #57  
Old 07-27-2012, 06:11 PM
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Quote:
Originally Posted by KathrynL View Post
http://www.thedenverchannel.com/news...16/detail.html

But Arapahoe County Senior Deputy District Attorney Richard Orman's written response to the defense motion said inaccuracies in the Fox News reports about the notebook indicate that whoever provided the information didn't know the facts of the case.

Instead of law enforcement sources "leaking" details about the notebook, Orman wrote that the news media may be getting information from "hoaxers, fraudsters," or maybe news reporters fabricated the information by "creating fake 'law enforcement sources' out of whole cloth."

I recall the Aurora police chief stating that someone claiming to be him had made it on the air of a news outlet, and cautioned the media - perhaps the very day of the shooting. I don't think the DA's argument can be easily dismissed.

imo
i remember that!
it was Sheriff Oates press conference discussing about the media...
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  #58  
Old 07-27-2012, 06:14 PM
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Quote:
Originally Posted by February View Post
People's response :
http://www.courts.state.co.us/userfi...20to%20D11.pdf

Shhhh dont tell the judge these are all listed in the state court website lol...
Thanks wasn't enough, that was a good read.
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  #59  
Old 07-27-2012, 06:20 PM
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Originally Posted by 21merc7 View Post
The only problem I have with both of these Motions, is the demanding of evidence now. There is no way in this large a mess that any is ready. I question the defense on that. Unless prosecution is being uncooperative.

As far as the reports being fake, well, guess we get to talk about a lot of fake info until trial.
It says in the DA response that they have 20 days after Monday's proceeding to turn over discovery. The guy has yet to be formally charged, so I'm going to go with the defense being aggressive. I agree that the case is going to generate mounds of information. The DA said last Monday that investigation will continue right up until trial.
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  #60  
Old 07-27-2012, 06:25 PM
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The psychiatrist specializes in the' neurobiology of schizophrenia"

http://www.nytimes.com/2012/07/28/us...er=rss&emc=rss
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  #61  
Old 07-27-2012, 06:27 PM
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Did anyone notice that "the package" has not been examined and is being held for in camera review?

No manifesto, or leaking pipes?
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  #62  
Old 07-27-2012, 06:47 PM
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Originally Posted by jjenny View Post
Well, the defense sure doesn't seem to worry about his privacy when they release this info.
LOL. Court documents appear to be a great way to release info when there is a gag order in place.
possibly a preemptive strike?
get people discussing how he was so messed up and in need of help...build a sympathy case...

dunno...just throwing that out there....
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  #63  
Old 07-27-2012, 06:50 PM
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Originally Posted by prima.facie View Post
possibly a preemptive strike?
get people discussing how he was so messed up and in need of help...build a sympathy case...

dunno...just throwing that out there....
People are already discussing this right and left.
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  #64  
Old 07-27-2012, 06:55 PM
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Originally Posted by gitana1 View Post
That makes it sound like seeing a psychiatrist is a mandatory part of the graduate program. Otherwise, why so many students?

Okay, I'm confused. I saw a report linked here stating that the notebook contained details about how exactly the killer would massacre a bunch of people, with drawings, etc. But the state's response to the motion indicates that they have not yet opened the "box" and were waiting for an "in camera" review, which means in the judge's chambers, with the judge present. Which is it?:
Seems like Fox News had an overzealous "source" that was right about the package being delivered, but wrong about the contents. Someone probably speculated about the contents and was wrong. It could really just end up being a note to his doctor. If that's the case, I'm not sure they can seize it and use as evidence as it's protected by HIIPA, correct?
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  #65  
Old 07-27-2012, 06:56 PM
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As one that could be part of the word "people", I have been extremely dubious of the media assertions.
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  #66  
Old 07-27-2012, 06:57 PM
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Originally Posted by jjenny View Post
People are already discussing this right and left.
true...but now we have something to chew on....sort of...
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  #67  
Old 07-27-2012, 06:57 PM
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Originally Posted by newsleuther View Post
Seems like Fox News had an overzealous "source" that was right about the package being delivered, but wrong about the contents. Someone probably speculated about the contents and was wrong. It could really just end up being a note to his doctor. If that's the case, I'm not sure they can seize it and use as evidence as it's protected by HIIPA, correct?
I am pretty sure that if they got the warrant HIPAA wouldn't apply.
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  #68  
Old 07-27-2012, 07:01 PM
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Originally Posted by newsleuther View Post
Seems like Fox News had an overzealous "source" that was right about the package being delivered, but wrong about the contents. Someone probably speculated about the contents and was wrong. It could really just end up being a note to his doctor. If that's the case, I'm not sure they can seize it and use as evidence as it's protected by HIIPA, correct?
Well, in criminal cases, there are circumstances in which HIPPA can be bypassed. I will ask my law partner (he does criminal law) for specifics.
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  #69  
Old 07-27-2012, 07:02 PM
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in regards to what the defense claims - that JH's right to due process and a fair trial has been jeopardized.....how will this affect the trial now? will the information that has been leaked not be admissible?

can an attorney here speak on this?
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Last edited by prima.facie; 07-27-2012 at 07:08 PM. Reason: me schpelling
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  #70  
Old 07-27-2012, 07:09 PM
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Originally Posted by prima.facie View Post
in regards to what the defense claims - that JH's right to due process and a fair trial has been jeopardized.....how will this affect the trial now? will the information that has been leaked not be admissible?

can an attorney here speak on this?
You should read the people response. Just because defense lawyers say something doesn't make it so.
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  #71  
Old 07-27-2012, 07:10 PM
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Originally Posted by jjenny View Post
I am pretty sure that if they got the warrant HIPAA wouldn't apply.
It depends though, perhaps they were not aware that the package was delivered to a doctor that was treating him.
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  #72  
Old 07-27-2012, 07:22 PM
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You should read the people response. Just because defense lawyers say something doesn't make it so.
let me clarify.....if it is true, would it still be admissable...id like to hear the opinions of attorneys on this since there are some posting amongst us....
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  #73  
Old 07-27-2012, 09:28 PM
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Sorry if this was already mentioned, (i missed a few pages) but JH left his position, he was no longer a member of the university. Why should she still be responsible for him?
While I personally don't see that this particular DR. 'saw' JH in the capacity the defense is now 'claiming' for the sake of removing of the journal.

IF JH WAS seeing the DR professionally before his acts, it MIGHT be relevant.

If JH was seeing the DR for medication and counselling before his horrendous act, then him mailing anything to his DOCTOR WOULD be covered under doctor patient confidentiality.

BUT!! The fact is in this journal he threatened the lives of others!... Even after the fact, if a patient threatens others, is it still covered?

Little confused on that aspect.
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  #74  
Old 07-27-2012, 09:36 PM
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I meant more like, he had dropped out over a month earlier. Obviously had ANYONE received that notebook (and opened it) and did not report it to police, they would be liable. However, I am just imagining that he stopped seeing her in May, which was like 2 months ago. Maybe she did refer him for more help. I really doubt that any professional would just refuse to see or help him if they thought he was capable of doing this. Of course it is a possibility, but there is no evidence that suggests that ANYONE knew that this was his plan.

It will be interesting to see what unfolds...
  #75  
Old 07-27-2012, 09:36 PM
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"If JH was seeing the DR for medication and counselling before his horrendous act, then him mailing anything to his DOCTOR WOULD be covered under doctor patient confidentiality.

BUT!! The fact is in this journal he threatened the lives of others!... Even after the fact, if a patient threatens others, is it still covered?"

Prosecution response to defense motion asserted that the package had not been opened yet and media reports about its content did not come from law enforcement.

But you raise an interesting point: if the package contains threats, can the defense claim patient confidentiality? And who determines what is a "threat" in this situation, where hindsight colors every communication and makes it see an inevitable precursor?
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