No Ruling On Prosecutor's Request For Holmes' College Records

Defense Seeks To Quash Former Grad Student's CU Records Subpoenaed By DA

Aurora movie theater shooting suspect James Holmes appeared in court Thursday afternoon while his attorneys tried to quash a prosecution subpoena for University of Colorado records about the former graduate student.

In response to the subpoena, CU last week provided more than 100 pages of records about Holmes to Arapahoe County District Judge William Sylvester.

Holmes is accused of killing 12 people and wounding 58 others in a July 20 shooting at an Aurora theater.

Prosecutors said the records are necessary for them to determine Holmes' state of mind before the rampage.

Prosecutors are seeking access to documents, including Holmes' courses, emails, documents about his withdrawal from the university weeks before the killings and his oral and written examination information.

Sylvester did not rule on the prosecution's request.

They are also asking for access to records from the university's threat assessment or BETA team.

Holmes was treated by a CU psychiatrist on campus, who the Call7 Investigators have learned, reported his behavior to the BETA team.

Holmes' defense attorneys have argued that any medical and school records are inadmissible in court because their release would violate doctor-patient confidentiality and the federal privacy law known as FERPA.

The defense called the request for documents a "fishing expedition."

The defense even objected to the judge inspecting the records alone in his chambers, saying they might contain the defendant's privileged information. The records remain sealed in the judge’s office.

His defense attorneys have said in court that Holmes suffers from mental illness.

The Associated Press earlier reported Holmes was banned from CU after making threats. The AP has since retracted that report.

CU said Holmes withdrew from the neuroscience program where was a graduate student and after that the university took away his access pass.

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