CBS/AP/ September 28, 2012, 10:37 AM

Colo. massacre prosecutors: James Holmes threatened professor before shooting

Updated at 6:37 p.m. ET

DENVER The suspect in Colorado's deadly movie theater attack was barred from university property for threatening a professor, prosecutors said in court documents released Friday, raising more questions about why campus police didn't report his actions to other authorities.

The revelation conflicts with the university's statements that James Holmes was denied access to non-public parts of the campus because he had withdrawn from school.

The name of the person Holmes allegedly threatened has been blacked out. In court testimony Aug. 30, University of Colorado psychiatrist Lynne Fenton, also a professor at the school, said she contacted campus police after meeting with Holmes on June 11.

CBS News correspondent Barry Peterson reports other key documents released today included a statement from the defense attorneys that claims that they notified the university three days after the shooting to report that Holmes had mailed a package to the school. It was only then that the SWAT team recovered the package from a campus mail room, which contained the notebook that had descriptions of violent attacks.

University spokeswoman Jacque Montgomery told CBS News that the school's Anschutz Medical Campus, where Holmes studied, had no comment on Friday's release, citing a judge's gag order.

After weeks of secrecy surrounding the case, most of the documents filed in court were released to the public on Friday. But the release failed to answer several key questions about the July 20 tragedy, including what allegedly drove Holmes to commit the attack and what, if anything, the University of Colorado did once he reportedly threatened people there.

Rick Salinger, a reporter for CBS Denver station KCNC-TV, said the court documents that remain closed to the public are those that contain the most information: the applications for the search warrant of Holmes' apartment and his car, and the arrest affidavit.

Previous court documents provided information from prosecutors that Holmes in March spoke with another student about killing people "when his life was over."

Holmes, 24, faces 152 charges in the July 20 shooting at an Aurora movie theater during a special midnight showing of the new Batman movie, "The Dark Knight Rises." The attack killed 12 people and injured 58 others.

Defense attorneys claim Holmes is mentally ill. Documents show Holmes' defense team includes a psychiatry expert, and legal experts presume that Holmes will plead not guilty by reason of insanity. But, none of the documents indicate whether he will use this defense.

The expert's name and background information are blacked-out, much like the other still-secret documents in the massive court file, CBS Radio News correspondent Lee Frank reports.

Just minutes before the shooting, Holmes tried unsuccessfully to call Fenton, defense attorneys have said.

Fenton also received a notebook in the mail from Holmes that reportedly contains descriptions of a violent attack, attorneys said. The package was seized by police from a university mailroom after the shooting.

Defense attorneys don't want it to be used as evidence, saying it's protected by doctor-patient privilege.

In the documents released Friday, prosecutors say the professor reported the threats and that Holmes was denied access to campus "as a result of these actions."

The documents show defense attorneys say the prosecutors' allegations are false, based on university statements.

CBS News correspondent Barry Petersen reported last week that prosecutors were worried the legal battle over the notebook could have delayed a trial for up to a year and gave up their fight to see it.

CBS News senior legal analyst Andrew Cohen reported the move sped up the case. The fight over the notebook had always been a sidebar to the main story and what's written in it alone wasn't going to determine how the case played out.

In court, prosecutors suggested Holmes was angry at the failure of a once promising academic career and stockpiled weapons, ammunition, tear gas grenades and body armor as his research deteriorated and professors urged him to get into another profession. Chief Deputy District Attorney Karen Pearson said Holmes failed a key oral exam in June, was banned from campus and began to voluntarily withdraw from the school.

Documents filed in the case from now on will be public, unless prosecutors or defense attorneys ask they not be released.

© 2012 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
39 Comments Add a Comment
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copon says:
please stop trying to defend or make excuses for this man. He is not crazy, he methodically thought through what he did. He planned things over a long period of time, thats not a burst of insanity, thats cold and calulated.
He is a scumbag who is now trying to weasel his way out with his lawyers, he probably thought he'd be dead now or have done a runner but instead he got caught so now he acts like he's bewildered and mental, he's not. He's an intelligent scum bag acting for the cameras, he knew what he was doing when he ordered the weapons and set the traps, he knew well what he was doing for a long time. thats not insanity- its not normal- but its not insanity, its evil. He destroyed so many peoples lives, im not even american and this effected me. he deserves no sympathy, no insanity plea and no death sentence. he deserves to be locked up in a small room where he cant kill himself to slowly rot away because he deserves to suffer for a very very long time
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ama2015 replies:
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I totally agree if he walks out he will kill more people
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TruthSeeker1286 says:
You all ought to be ashamed of yourselves taking the information the media is spoon feeding you. I live close to where this happened and believe me I felt the tragedy as much as the next guy or more but what ever happened to innocent until proven guilty? Not to mention this guy reached out for help and to no avail. Doesn't anyone realize how many holes there are in this case? How about the fact that there was a number of witnesses saying there were two suspects but the police seem to ignore that. How about the fact that there were 2 gas masks found at the scene? How about the fact that James supposedly rigged a death trap in his apartment but then immediately warned officers not to trip it? There's more to this than some guy just snapping and killing a bunch of innocent people. Way more... http://youtu.be/qk6OOvgjYdY watch if you want to hear things the news won't tell you.
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angeliapellegrini replies:
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I couldn't agree more Truth..I have been following this since the onset..(it happened on my birthday)and none of this adds up. The photos they are using are just plain bs. The one where he has shaved his head, they took his original photo, nose down and added the eyes from the photo of his died hair, and i make note that the photo during the arrest was taken 3 after his arrest. That only lets me believe he was unable to be photographed at the time of the arrest due to physical impairment. I recall a news article back in the beginning where it was stated that James was wheeled into jail with something covering his face. This whole thing is a scam from top to bottom.
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pcfpgarty says:
Who in this world is responsible for the ridiculous photographs of this man ?
What are they trying to accomplish ? I would not be surprised to find a photo of him picking his nose or worse . He has done some terrible things and I for one would like to know why . If we could ever look into the thinking of people like him we may be able to prevent other senseless killings . Demonizing him is for people with little more on their minds than vengeance . And what does that accomplish ? Justice ? I know better and so do many others .
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unclebernies says:
Victims of the families should be allowed to go into his cell on a daily basis and whip his ass. THAT would be justice.
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foo8259 says:
Looks like the coder that did this New website -- heheh? Anyway, I think I am getting used to it slowly, it's not that bad. Not as horrid as ABC! I see the huge text fonts are easier on the eyes of us baby boomers -- LOL
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lifeduringwartime says:
The Talking Heads have a song "Psycho Killer" I think of this freak every time I listen to it.
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ffoulkes2009 replies:
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The dude isn't as crazy as he would like everyone to believe. The looks he puts on his face he hopes will keep him out of prison. I hope he fries.
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notredamegirl77 says:
Oh my goodness this man looks scary!!!
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jmn122736 replies:
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That is exactly what they want people to think.
That look is staged for his acquittal by reason of insanity.
I have not seen one photo of Holmes since the attack(which he obviously knew was being taken) that doesn't show the idiotic red hair and insane stare. yet I have not seen any photos of him BEFORE the attack that even hinted of such a look.

I find it impossible to believe that, with that look, he could have brought all those weapons into that theater undetected.
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hypnotoad72 says:
That mug shot is creepy.

Until 2012, Bill Gates and Tom Delay had the creepiest mug shots.

Not anymore...
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samXXkiley says:
coucou,
these new details are insignificant, because Holmes has carefully prepared his plan before moving to the act
one thing is certain, other people were aware of his intentions, either at university or somewhere else

on the new website, CBS has not excelled, they could have done better, thank you.

"au revoir"
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Jonseen replies:
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Yes, I agree. There are things about the website that are nice but I think I prefer the old format. And I especially hated the fact that the killer's oversized, up-close mugshot was front page most of the day. That totally ruined the site for sure.

I liked the slideshow on the front page. That was a good idea and made the home page more interesting.
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colouryellow says:
HATE the new website!!!!!!!!!!!!!!!!
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hypnotoad72 replies:
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Then stop using it.

Isn't that the sort of one-liner the right-line loves to use?
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