Prosecutors: Holmes was banned from university after threats

James E. Holmes appears in Arapahoe County District Court July 23, 2012, in Centennial, Colo. / AP Photo/Denver Post

(CBS/AP) DENVER - Prosecutors say the suspect in the Colorado theater shooting made threats and was banned from the University of Colorado after failing a key exam six weeks before the rampage.

Prosecutors made the accusations about James Holmes in court Thursday as they tried to convince a judge to let them see records from the university, where Holmes had been a neuroscience doctoral candidate.

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Prosecutors also claim professors had urged Holmes to get into another line of work before the shooting and invalidated his student ID in June. Attorney Karen Pearson didn't disclose where their information came from.

Defense lawyer Daniel King objected to the release of the records, calling the prosecution's request a "fishing expedition."

"They already know all about Mr. Holmes' history at CU. Why is it necessary to get more information when they have all the evidence, they have what they're seeking?" he said.

King added that the "prosecution is fishing around looking for motive. Motive is irrelevant. Intent is irrelevant."

Defense attorney Tamara Brady's legal reasoning about why Holmes' educational records should be off limits is unavailable. That portion of the court file remains sealed.

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

During the hearing, Holmes appeared to be listening and made eye contact with the judge.

Prosecutors are seeking copies of 100 pages of non-medical education records subpoenaed by prosecutors and turned over last week by the school to Arapahoe County District Judge William Sylvester.

19 Photos

The Colorado massacre suspect

Sources briefed on the investigation told CBS News correspondent John Miller that what the University of Colorado knew ahead of the movie theater shooting and when they knew it is going to generate a lot of controversy when the information is released. Thursday's hearing provided a small piece to that picture.

Prosecutors are also hoping to gain access to a notebook reportedly containing violent description of an attack. The notebook reportedly was in a package sent to CU psychiatrist Lynne Fenton.

Court papers previously filed by defense attorney for Holmes disclosed that prior to withdrawing from the university, he was a psychiatric patient of Fenton. Sources told CBS News Fenton became concerned enough to notify campus police about Holmes, and his name was brought to the attention of the university's Behavioral Evaluation and Threat Assessment team, or BETA for short.

Holmes was seen by at least three different mental health professionals from the University of Colorado Denver Anschutz Medical Campus during his time as a neuroscience Ph.D. student, even while investigators believe he began the initial planning to carry out the massacre, CBS News reported.

An official who has been briefed on the investigation and spoke to CBS News on the condition of anonymity said Holmes' statements to university officials as well as their notes and reports will raise questions about whether more could have been done before the shooting.

"The question, what did the university know, and when did they know it, is still the untold part of this story," the official said.

[BillStoneking]

Just like Cho at Virginia Tech, the red flags of mental illness were again ignored. STOP IGNORING THE RED FLAGS, and you'll prevent this kind of tragic event. The ball keeps getting dropped. Who is the ultimate responsible party? These types are not unknowns. BUT, these types of people are preventable. Again, the red flags are knowns. Mental health problems are all too often ignored by egotistical knowit alls that don't follow the text books the conditions are written in. We might as well pull this **** out of text books. I watched a mother engaged (my ex) in text book munchausens and child abuse. TEXT BOOK!!!!!!!!!!!! Get your heads our of your professional egotistical ass, AND DO YOUR JOBS. PEOPLE GET ABUSED AND KILLED BECAUSE OF DERELICTION OF DUTY AND EGOS!!! This should have been prevented!!

[CindyAugust]

How is it several officials from UC have said (repeatedly in the press, and on video) that James Holmes' withdrawal was *unusual*, and that the final he took was not something a student in that program "passes" or "fails." The test is an indicator of where a student needs to focus energies for improvement. These characterizations are IN THE PRESS, and ON TAPE, so I am not confused as to how the prosecution is claiming another scenario.

Obviously there is much to determine in this case... but to those who have seen mental illness, the pattern of Holme's behavior is unmistakable. The origin of this tragedy is likely rooted in mental illness (along with the easy access of warfare armament.) People can suffer from and spiral into psychosis for months, and still function at a seemingly high level of competence. The problem is, in severe psychosis an individual may not be able to determine what is real, or not real... what is a dream, and what is reality ... what is true identity and what is created persona. ....I'm not sure the construct of "intent" or "motive" even applies in psychosis. What is the "motive" of a disease? Of an imbalance of neurotransmitters? The University of Colorado has A LOT to explain, but let's still be clear on what facts have already been disclosed by university officials. He needed to be put on a 72-hr hold, which would have likely resulted in a more lengthy treatment and have prevented deaths and injuries. The University of Colorado dropped the ball... Holmes needed help, he had already been seen in their mental health services, he was on their radar. A profound tragedy no matter how you view this.

[askagain]

Two Points. 1) The school records probably aren't needed to convict Holmes of premeditated murder. 2) When I applied for my first job out of college, employers required transcripts and professor recommendadtions. If potential employers could require school records, it seems reasonable that school records should be available in a murder case.

It seems logical that, in a murder case, privacy laws should take second place to both the defense and the prosecution knowing everything about an accused person's life.

[raccman1]

Once upon a time The mission of a "lawyer" was to represent the guilty and non-guilty (based on their honest admissions to their lawyers) and get the best
"deal" possible under the circumstances (guilt/non-guilt) - but NOT indulge in legal "hi-jinx" to get the guilty off scott free ! The legal "profession" becomes just one step above prostitution when they do that !

[samXXkiley]

coucou,
the argument of insanity is null and unacceptable, other hand, even if Holmes acted alone the day the massacre, the possibility that a person of his environment (university) helped him to prepare the plan, is not ruled out. Therefore, the cooperation of the University is essential.
"au revoir"

[rightofwrong]

When will Obama's records be unsealed?