Aurora movie theater shooting trial day 34: CU psychiatrist Dr. Feinstein to return to the stand

Day 34 in the Aurora movie theater shooting trial – People vs. James Eagan Holmes. Today, CU psychiatrist Dr. Feinstein will return to the stand. During the course of the trial, prosecutors will argue that Holmes, the admitted gunman, was sane when he went into the midnight premiere of the Dark Knight Rises in an Aurora, Colo., movie theater and opened fire on the audience, killing 12 and wounding 70. His defense attorneys will try to spare Holmes’ life by arguing that he was insane. 7NEWS and TheDenverChannel.com will have gavel to gavel coverage of the trial starting at 8:15 a.m. (MST) everyday and ending around 5:30 p.m. (MST) Watch new live video on our YouTube channel: http://www.youtube.com/user/7NewsDenver/live Additional resources:LIVE VIDEO & BLOG: http://bit.ly/theatertrialTIMELINE of the case: http://bit.ly/theatertimelineJURY PROFILE: http://bit.ly/theaterjury CONTINUING COVERAGE: http://bit.ly/theatercoverage

3rd & 7 37yd

41 objections, 28 Overrules @ 68%, 13 sustained @ 32%

by NT8 6/18/2015 9:35:26 PM
excellent point flip! JH is very detail oriented

by MarcyScala 6/18/2015 9:35:28 PM
@flip - agreed to some extent. But comments like, "if I told you, you would lock me up," continuing to have homicidal thoughts, etc. As a mental health professional I would rather error on the side of caution and public safety and get sued by one family instead 12. That is a weird way to say it, I know, but do you know what I'm trying to say?

by Niki C 6/18/2015 9:35:29 PM
@flip...exactly..he's a smart cookie and could easily have been anticipating a defense

by PA Watcher 6/18/2015 9:35:30 PM
@NT8...where did you get the idea that Reid wrote the book and is the teacher for clinical???

by mld 6/18/2015 9:35:42 PM
@Kristie he refused to take anti psychotic medicine they wanted him to is what I understood

by LG 6/18/2015 9:35:45 PM
That is a great question from the jury about going into the hospital willingly. If he really wanted to stop himself at any time, he might have done that...although I don't believe he wanted to stop himself.

by Niki C 6/18/2015 9:35:49 PM
NT8--Dr. Reid himself commented on the difference between forensic psychiatry and clinical (treatment) psychiatry. Go back and review. They are very different tasks, so it is certainly easier for a forensic psychiatrist in court (hindsight) than a clinical psychiatrist who is being blamed for not having ESP.

by flip 6/18/2015 9:35:54 PM
DT should be ready to go on Monday - they have had prior notice and almost 3 years to prepare

by mandi 6/18/2015 9:35:58 PM
@mandi: It is more about scheduling than preparedness. Experts and witnesses have already made travel plans based on the dates they were expected to testify.

by anica.padilla 6/18/2015 9:36:56 PM
Agree @flip

by Angela Freeman 6/18/2015 9:37:01 PM
Man oh man, I would hate to be the Univ of Colo right now. These docs screwed big time! Lawsuit city!!

by Colswife 6/18/2015 9:44:25 PM
@flip, who was the expert, Reid, Fenton, or Feinstein? ummmm only Reid. Clinical or Forensic. What do you think the jury will think?

by NT8 6/18/2015 9:44:26 PM
@7News - Is there a recap of Ben Garcia's testimony? I missed and was curious if Brauchler asked him to explain that conversation about the delusions and murder ?

by colo 6/18/2015 9:44:27 PM
I love how Higgs says "right" and glosses over things whenever a witness corrects her.

by Angela Freeman 6/18/2015 9:44:28 PM
That was a good exchange between all parties

by Resa 6/18/2015 9:44:28 PM
@colo: Anica was just working on that, I"ll ask if it is ready yet

by Phil Tenser 6/18/2015 9:44:41 PM
Jury is back

by Phil Tenser 6/18/2015 9:48:14 PM
@NikiC--I get it, and I imagine Dr. Fenton and Dr. Feinstein have spent a lot of time since 2012 second-guessing themselves and their procedures. Under the circumstances, who wouldn't? But this was not anything routine that happened--it was very extraordinary. Even a patient saying, "You would lock me up if you knew what I was really thinking" is not cause for actually locking them up. It won't fly. The psychiatrists tried their best to keep him in treatment and he refused. They tried to get him to reveal his specific targets and plans and he refused. I don't suppose they have thumbscrews or a rack in their office--how do you legally and ethically get information from a patient who has decided to lie and conceal and maybe even use his psychiatric visits for an eventual insanity plea?

by flip 6/18/2015 9:48:16 PM
Is this the first time we've seen and heard juror questions without it being a sidebar.

by Resa 6/18/2015 9:48:17 PM
N^T8---Reid was an "expert witness". Fenton and Feinstein were "witnesses". The legal definitions of their testimony aside, all three of them are experts in psychiatry by any normal measure of "expertise".

by flip 6/18/2015 9:48:18 PM
I agree with NT8 here. A forensic psychologist is really the expert of record. The clinical psychs are the poor bastards that were tasked with stopping this beforehand. I just wish they would have brought a forensic neuropsychologist to talk brain science and JH's brain

by Niki C 6/18/2015 9:48:37 PM
@colo: Here is what I have put together on Ben Garcia: bit.ly
In the first video clip, he describes their friendship. The second two clips are about the Google chat messages.

by anica.padilla 6/18/2015 9:48:49 PM
Remaining jurors were concerned about 901 being in the court, Samour wants to make an instruction

by Phil Tenser 6/18/2015 9:48:53 PM
Aurora theater shooting: Google chat records between James Holmes and Ben Garcia released
7NEWSRecords of the Google chat messages exchanged between the Aurora movie theater shooting gunman and his friend Ben Garcia were published on Thursday. Garcia was also a graduate student at CU in the spring of 2012 and said he was friends with the gunman.

by anica.padilla 6/18/2015 9:49:10 PM
I'm sorry, I know it's a public proceeding, but it's inappropriate that she is there. Just distracting.

by McGruber 6/18/2015 9:52:06 PM
I think the excused juror in the court room should just have stayed home and watched the feed. Her being there has caused time to be taken up in the court room

by bob 6/18/2015 9:52:10 PM
Thanks Anica!

by colo 6/18/2015 9:54:03 PM
That excused juror has every right to be there. its public & she's put a lot of her time into it already.

by MarcyScala 6/18/2015 9:54:05 PM
Excused jurors in the Jodi Arias case showed up the day after they were excused, I personally find it in poor taste, but they did invest themselves into the case. I would just be uncomfortable, being an "excused" juror and showing up day after day. There are other ways of keeping up with the case.

by Resa 6/18/2015 9:56:57 PM
She has the right to be there same as anyone else. Homeless Bob from the street corner at Walmart is allowed to be there.

by Angela Freeman 6/18/2015 9:57:01 PM
Right to be present vs. should she be.... Of course she has the right. But that doesn't mean she should.

by NH 6/18/2015 9:58:34 PM
Ah yes @LG he didn't take the antipsychotic meds.

by Kristle 6/18/2015 9:58:36 PM
Dr. Robert Feinstein answers tough questions about blame during his theater shooting trial testimony
7NEWSAt the end of a heated piece of testimony, both the prosecution and defense had tough questions for Dr. Feinstein.

by anica.padilla 6/18/2015 9:58:41 PM
Yes, I get that. However, my opinion is that it's inappropriate.

by McGruber 6/18/2015 9:59:09 PM
wow, angela you could have picked a different name to address that comment. bob just wanted to chime in...

by doggett 6/18/2015 9:59:10 PM
So according to those guidelines, and the fact that he testified that he knew JH was holding something back, couldn't they have put him on the hold because of danger to others and the fact that they thought he was lying?? Maybe?

by Niki C 6/18/2015 10:02:11 PM
Not that Bob. I didn't even notice there was a Bob in here. The only names I remember in this chat are Tammy G. and NT8 lol. Not because I don't care, I just don't remember names well.

by Angela Freeman 6/18/2015 10:02:21 PM
The scorned juror wanted to show up because he/she was booted.

by Kristle 6/18/2015 10:02:24 PM
his opinion is just as valuable as yours.. even if you 'don't take it at face value'.

by doggett 6/18/2015 10:02:27 PM
Dr. Feinstein agreed that the threat must be "imminent within minutes or days."
Defense argues the actual statute does not specify a time limit.

by anica.padilla 6/18/2015 10:03:46 PM
Feinstein clarified that the threat has to be imminent, so I guess my last question got answered.

by Niki C 6/18/2015 10:03:48 PM
I was responding to someone else. I assume "bob" made a similar comment but I wasn't even talking to him.

by Angela Freeman 6/18/2015 10:03:50 PM
@Niki - I don't think they can do it based on "feelings". I think they have to have some hard proof before establishing an involuntary hold. Think of legal reprucussions if they could commit anyone based on feelings without hard facts.

by NH 6/18/2015 10:03:52 PM
Det. Craig Appel with the Aurora Police Department has been called back to the stand.

by anica.padilla 6/18/2015 10:04:33 PM

Aurora movie theater shooting trial day 34: CU psychiatrist Dr. Feinstein to return to the stand

Aurora theater shooting: Google chat records between James Holmes and Ben Garcia released

Dr. Robert Feinstein answers tough questions about blame during his theater shooting trial testimony