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Holmes’ Lawyers Denied Access To Him After Suicide Attempt

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James Holmes (credit: Arapahoe County Sheriff)

James Holmes (credit: Arapahoe County Sheriff)

CENTENNIAL, Colo. (CBS4) – The stage has been set for a revealing look at the suspect in the Aurora movie theater shootings after a judge lifted a gag order in the James Holmes case.

There were two new rulings issued in the case. The first lifts a gag order on the University of Colorado. It will be the first significant release of information about Holmes’ behavior and conduct as a student in the months and days before the massacre.

CBS4 Legal Analyst Karen Steinhauser says the ruling puts the burden on the university to figure out what they should release under the Colorado Open Records Act.

“They have to look at the law as it pertains to their records and what records can be released and analyze that,” Steinhauser said.

While medical records and information relating to Holmes’ psychiatrist Dr. Lynn Fenton will most likely stay sealed under health privacy laws, other information could be learned by the public.

“We may also see more in terms of his educational records; how he was doing, what was going on if the university believes those things fall under Open Records Acts,” Steinhauser said.

Another ruling came after the motion filed by Holmes’ attorneys. It claimed that after his return to the jail from a hospital following a reported suicide attempt they were “not permitted to meet with Holmes at that time” and “denied any information … about his welfare.”

“The only time that I have ever seen that is when there is a security issue in the jail,” Steinhauser said.

The judge has issued a ruling allowing Holmes’ attorneys to see him at least once a day until further notice.

The university says it will take a few days before they will be able to analyze and distribute what they have.

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