Documents released in Holmes' theater shooting case

    2:24 PM, Sep 28, 2012   |    comments
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    AURORA, Colo. (CBS) -- Newly released court documents are raising questions why University of Colorado police did not report James Holmes to outside authorities. The suspect remains behind bars, facing 152 charges in the shooting that killed 12 people and injured 58 others.

    Court documents confirm shooting suspect James Holmes threatened a Colorado University professor before his shooting rampage.

    Prosecutors say the university then banned the neuroscience grad student from campus, but Defense attorneys say not so.

    They say Holmes had already begun the process of withdrawing from school and that's why his campus key card had been inactivated.

    The newly released court documents are filled with blacked-out names and entire blank pages to protect witnesses and Holmes' right to a fair trial.

    But they offer a peak into the legal proceedings that have gone on, mostly out of public view, since the mass killing at this Colorado movie theater in July.

    Holmes is also known to have mailed to a notebook to a University psychiatrist, describing a violent attack.

    The defense says the notebook is protected under doctor-patient privilege and does not want it used as evidence.

    But prosecutors argue there is no privilege because the doctor-patient relationship ended weeks before the attack.

    Still, they've decided not to push the issue because they feel the defense will have to breach the doctor-patient privilege themselves if they try to prove Holmes is mentally ill.

    Holmes has not yet offered a plea.

    Anchor Tag: The court has ruled it will not release an arrest affidavit, which contains information about the investigation, as well as requests for search warrants and subpoenas.

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