James Holmes Lawyers Request Discovery on Leak of Package Sent to C.U.

Update: The judge will set a briefing schedule and hearing date on Monday for a newly filed new motion by the media to unseal the court file. The motion is jointly filed by a variety of local and news groups. With exhibits (which include orders from the unsuccessful Kobe Bryant and Perrish Cox prosecutions), it's 85 pages. As to their request to unseal the docket (called register of actions in Colorado courts) I think the argument is good. We should be able to know what was filed, even if the contents of the actual documents are sealed. I don't think every document filed in the case is deserving of sealing, and a showing should be made with each such request. That said, I hope the media doesn't prevail on its request for public access at this juncture to search warrant affidavits.

Lawyers for James Holmes, the suspect in the Aurora movie theater shootings, today filed this motion requesting discovery concerning the federal and state law enforcement agents who were were aware of or involved in the investigation of the package Holmes allegedly sent to a psychiatrist/professor at C.U., details of which were leaked to the media. [More...]

The motion states that the package was addressed to Dr. Lynn Fenton, a psychiatrist who was treating Holmes. (So Holmes was seeing a psychiatrist prior to the shootings.) It alleges the material included confidential and privileged communications between Holmes and his doctor. According to 7 News, Dr. Fenton is an assistant professor and the medical director of the school's Student Mental Health Services.

It also alleges the leaks violated the court's protective order and order restricting extra-judicial comments.

Holmes' lawyers say they will be requesting sanctions as the leaks have compromised his right to due process, a fair trial and an impartial jury.

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