CENTENNIAL, Colo. — Aurora theater shooting trial judge Carlos Samour Jr. will allow several voice mails and documents from the University of Colorado to be entered into evidence, according to an order released Tuesday.
One of the voice mails was left by CU psychiatrist Dr. Lynn Fenton, who treated the gunman up until five weeks before the attack.
Another voice mail was left by James Holmes’ former girlfriend on the day of the shooting on July 20, 2012.
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In the order, Samour notes Fenton told an officer about a conversation she had with the gunman’s mother about five weeks before the shooting.
Another voice mail was left for Fenton by a Public Defender’s Office investigator about a notebook the gunman sent Fenton that did not arrive until after the shooting.
“The voice mail is relevant because it is related to the notebook sent by the defendant to Dr. Fenton. … At the end of the voice mail, the investigator expressed concern that the notebook might be released to the police, the media, or an impersonator,” Samour wrote in the order.
Also admitted into evidence will be documents collected by CU. A previous ruling by Judge William Sylvester withheld some documents because of relevancy concerns and they might be protected under doctor-patient confidentiality.
But because the gunman has pleaded not guilty by reason of insanity, he has waived his right to doctor-patient confidentiality and Samour has ruled the voice mails and documents are relevant to the case.