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Psychiatrist, Defense Attorney Clash During Theater Shooting Trial

CENTENNIAL, Colo. (CBS4)- A psychiatrist took the stand on Thursday to discuss his sessions with the Aurora theater shooting gunman. During his testimony, a defense attorney challenged the doctor about whether he did enough to diagnose and treat James Holmes before the attack.

Holmes sought help from psychiatrists in the weeks leading up to the shooting at the movie theater in Aurora that left 12 dead and dozens more wounded. He has pleaded not guilty by reason of insanity.

He went to the University of Colorado Anschutz Medical Campus Student Mental Health Center and saw two psychiatrists, first Dr. Lynne Fenton who then asked Dr. Robert Feinstein to take part in some sessions.

On the witness stand Thursday, Feinstein testified Holmes was not forthcoming.

"I was trying to make the point that he needed to tell us what he was thinking about, what he was doing, what he was planning, if he wanted us to keep him safe. And that his withholding information and not telling us about it made us more incapacitated in our ability to keep him safe," said Feinstein. "That was the thrust and intention of that conversation was to let him know that he was accountable for his own actions, for his own behaviors and that we could assist but only if he was willing to share whatever it was that he was withholding from us."

The prosecution was attempting to show Holmes was sane at the time of the theater attack and that locking him up briefly would not have mattered.

"If you put him on a 72-hour hold would that have prevented him from committing a mass murder seven weeks later?" asked Arapahoe County District Attorney George Brauchler when the defense objected to that line of questioning.

LIVE VIDEO: Watch The Trial Live At CBS4's Theater Shooting Trial Special Section

Judge Carlos A. Samour did not let Feinstein answer but the DA had more questions.

"Who was it who didn't answer the questions with greater detail about homicidal ideation?" asked Brauchler.

"Mr. Holmes," answered Feinstein.

"Who was it who didn't agree to take any anti-psychotic medications?" asked Brauchler.

"The patient, Mr. Holmes," answered Feinstein.

"Who agreed not to give you any details of the weapons that they purchased or plans that they'd made leading up to June 11?" asked Brauchler.

"Mr. Holmes," answered Feinstein.

"Who rejected the offers of continued mental health treatment or therapy for free to address whatever problems may exist?" asked Brauchler.

"Mr. Homes," answered Feinstein.

"And who got up and walked out of your office on June 11th prior to the end of even that last session?" asked Brauchler.

"Mr. Holmes," answered Feinstein.

Theater Shooting Trial James Holmes
James Holmes with this defense team in court (credit: CBS)

The defense also had questions for Feinstein.

"Dr. Feinstein, who was it who initiated that mental health treatment?" asked defense attorney Rebekka Higgs.

"Mr. Holmes," answered Feinstein.

"Who was it who talked to... and expressed up front that he had thoughts about killing people?" asked Higgs.

"Mr. Holmes," answered Feinstein.

"Who was it who showed up at all of his meetings, all of them scheduled with Dr. Fenton?" asked Higgs.

"Mr. Holmes," answered Feinstein.

"Who was it who took religiously the SSRI on the occasion that she prescribed to him?" asked Higgs.

The prosecution objected to that question and the judge asked the defense attorney to rephrase the question.

"Who was it that told Dr. Fenton that he was taking the medication that she prescribed to him...?" asked Higgs.

"I don't know," answered Feinstein. "I can't answer."

"Who was it that asked if your therapy could make him safe?" asked Higgs.

"Mr. Holmes," answered Feinstein.

"And who was it that told him that they could not fix him? It was you, Dr. Feinstein, wasn't it?" asked Higgs.

"I didn't say we couldn't fix him, I said we couldn't fix him without his active participation and cooperation," answered Feinstein.

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