Evidence battle continues in Colorado theater shooting case

File courtroom sketch of Dr. Lynne Fenton and shooting suspect James Holmes (Bill Robles)

A number of witnesses are expected to take the stand in a Colorado courtroom today when lawyers continue their debate over whether a notebook suspected mass murderer James Holmes mailed to his psychiatrist is protected by doctor-patient privilege.

Holmes was arrested two months ago behind an Aurora movie theater, where authorities say he killed 12 people and injured 58 others in a shooting rampage during a premiere showing of Batman "The Dark Knight Rises." The melee is among the worst mass shootings in modern-day American history.

The former Ph.D. neuroscience student has been charged with 142 criminal counts, but prosecutors said this week they want to tack on 10 additional charges. Details of the new charges, which will have to be approved by Judge William Sylvester, haven't been made public.

Holmes allegedly mailed Dr. Lynne Fenton, a University of Colorado psychiatrist he had seen, a package the day before the July 20 shootings. The package, viewed by many as a crucial piece of evidence, reportedly contains a notebook with violent descriptions of an attack.

Prosecutors say the notebook is evidence and want access to the notebook, but the shooting suspect's lawyers maintain that the package is protected under doctor-patient confidentiality and should be returned to Holmes. The package remains sealed in an Arapahoe County court clerk's office until Sylvester can rule on the relationship.

Thursday's hearing is scheduled for noon ET/9 a.m. MT in Centennial. Yahoo News will have a reporter in the courtroom and will update this story throughout the day as details become available.

Source: http://news.yahoo.com/blogs/lookout/evidence-battle-continues-colorado-theater-shooting-case-144635848.html

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