Prosecutors: Holmes was banned from university after threats

Updated 8:45 PM ET

(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.

Meanwhile, a University of Colorado spokeswoman said a criminal background check was done on Holmes before the July 20 attack.

Jacque Montgomery, a spokeswoman for the university's Denver campus, said Thursday a court gag order prevented her from discussing who requested the check, who performed it, and who saw the results.

Montgomery's statement was believed to be the first explicit public confirmation that a check had been done on Holmes' background before the shootings.

Montgomery did say that Campus Police Chief Doug Abraham was referring to that background check when he said at a July 23 news conference that Holmes had only a minor infraction on his record.

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.

[scriptdx67]

The school has refuted that Holmes was banned from campus. He voluntarily withdrew.


Source: https://twitter.com/john_ingold/status/238775803381415936
Source: http://blog.al.com/wire/2012/08/prosecution_holmes_made_threat.html

[Jhihmoac]

When he was cut fron school, they should've cut his ammunition funds - er, scholarship money then - SHEESH!

[MistyB79]

..."motive is not relevant, intent is relevant."? He intended to kill as many people as possible. He ordered, online and made a very elaborate plan. His intent is pretty clear. There is plenty of intent.

[MWStudio]

I keep up to date on this trial using an app called Wild About Trial, it's got all of the info. Check it out sometime http://wildabouttrial.com/get-wild-about-trial/

[1IFbuyC]

James Holmes is a Patsy. The guys who were handling Holmes & committed this crime are working for the terrorists. How about an investigation into exactly what experiments the University's Neuroscience program was engaging in, what if any behavior modification programs were being researched there, who was funding them, & the production of undoctored actual video of James Holmes purchasing weapons & entering & exiting the theater that evening? Holmes was controlled by the actual killers for weeks leading up to the massacre & the University, the cops, the fbi, the prosecutors, AND defense attorney Daniel King seem to be ok w/this; why? In case you haven't been told yet, this is what a black op looks like, America, & man do the people behind this have plans for you!

[bobnjersey]

[man do the people behind this have plans for you!]
---------------------------------------------
what do you suppose the plan is?

[JoeBGud13]

@1IFbuyC--
Man, your parents must be proud of your capibilty to write these Fictional stories.

I feel sorry for those who seem to think everything, that happens, is a evil conspiracy or a Political conspiracy.

Please seek professional help immediately!

[rwsmith29456]

King added that the "prosecution is fishing around looking for motive. Motive is irrelevant. Intent is irrelevant." My question: What in bloody heck does THIS mean??

[patriotgal2]

Don't go looking for conspiracy theories when there are none. This kid is likely schizophrenic; my guess would be paranoid schizophrenic, which is the most dangerous of all schizophrenic types. All licensed psychologists, by law, are required to report any individual who is likely to be a threat to him or herself or others. My guess is that is what the prosecution and news teams are going for, but I don't think that's what they'll find exclusively. My educated guess is that Ms. Fenton saw those signs of schizophrenia and THAT'S what is in her report. But again, as I said, if he was suspected to be a paranoid type schizophrenic, that is, IMHO, the most dangerous type. I'll be very surprised if he's not found to be afflicted as such.

[kbbpll]

Another consistently "untold part of this story" is that Dr Fenton was censured for prescribing drugs for herself, her husband, and an employee. Of course they don't want the prosecution "fishing around" in there.

[abby_del_abbey]

If the university banned him from campus perceiving him to be a threat and yet did not notify anyone -- can anyone hear the lawsuits gearing up?

If anyone presents himself a threat to himself or others, should not those who know anything about this have a legal as well as moral obligation to report this? I thought that they did. But I do not know what the laws in Colorado require.

[andie52]

nice move out of site out of mind they let a ticking time bomb lose

[jt92202]

When someone goes into a Theater or any other public place and commits this kinds of terror I don't think the defense should be able to keep the prosicution for knowing everything about that person. And at some point the public should be told everything about the person also! We can't learn from these people if we don't know how they think!

[MegaProcrastination]

You have to remember, though, he only "allegedly" committed this crime. As such, he is entitled to the exact same type of defense every one of us should be entitled to. We can't start making laws that don't apply to everyone equally.

""""And at some point the public should be told everything about the person also! We can't learn from these people if we don't know how they think!""""

Psychologists study the mentally ill up one side, down the other and straight through the middle. You'll find most of the information they gather available in various books that anyone can buy and read.

[hypnotoad72]

"prosecution"...

I'm more interested as to why, in a state with conceal/carry laws, nobody in the theater stood up with their guns...or are ALL non-1960s Batman lovers afraid to pack heat?

You have a point; if everything being told is the truth, then we should have a greater understanding via inference. The kid sought revenge. 'nuff said.