According to Colorado law, a person must be "An imminent threat to themselves or to others" to be placed on a 72 hour psychiatric hold in the state of Colorado.
Isn’t it strange that Fenton did not feel that James fit the criteria, when shortly (possibly) after James’ arrest and (definitely) after James’ hospitalizations in Nov, 2012, Jame qualified to be held and subsequently (perhaps involuntarily) medicated, (not to mention restrained - involuntarily, I’m sure) under Colorado law?
The following includes information on a) involuntarily holding someone because of a psychiatric condition and/or b) administering psychiatric drugs, c) restraining them (as James was in Nov, 2012) involuntarily because of an emergency situation.
I doubt James deteriorated that rapidly after his arrest. I think he was a ticking time bomb and that Fenton didn’t pick up on all the signs.
Overview of 27-65 C.R.S: Care and Treatment of the Mentally Ill Act
This is the one time I kinda disagree w/ the defense (though I completely understand the position they wanted to take and their reasoning as to why).
I do think the psychiatrist should be able to tape James. Coming from my own training in mental health, I have been required to video tape clients, and you’d be surprised by the amount of subtle clues you may miss from a client while in session (body language, facial expressions, movements, verbal cues, affect, etc.).
You want to be truly present with your client, so having to pay attention to all these details at once is overwhelming and, if you ask me, impossible. It’s too many things to focus on at one time.
It helps 100% to go back and refer to a taped session in order to really review the nuances of your client’s behavior, words, cues, and mannerisms.
I had a practice session with a fake client once and I was stunned by some of the cues I had missed because I was focused more on her words and dialogue. Reviewing the tape later made me see things in a different, more enhanced, and much clearer light.
If this doctor is truly ethical, this can actually benefit James. And if James truly is/was sick (which, IMHO, is a no-brainer), these video sessions will help, and not harm his case. Promise.
I fully agree with your assessment here. I think the best way for the doctors to fully evaluate James, is through a very extensive, thorough examination. If that means tape recording the sessions, then so be it.
Hey anon :)
I’m going to put this under a “Read More,” option for everyone, so it’s not all spammy on people’s dashes or within the tag.
The judge in the Colorado theater shootings case says a psychiatrist can video-record the second sanity evaluation of defendant James Holmes.
Holmes’ lawyers had objected to video, but the judge ruled Thursday the defense didn’t show it would interfere with the examination.
The judge also said state law doesn’t forbid video.
Holmes pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 in the 2012 attack.
He underwent a sanity evaluation last summer. The key finding hasn’t been released, but prosecutors asked for a new one, saying the doctor who conducted the first was biased.
The judge ordered the second evaluation after ruling the first was flawed.
The psychiatrist who will conduct the new exam said video provides a better record than handwritten notes.
oh! and the august 18th hearing has been vacated. the next hearing is august 25th.
good afternoon, holmies!
I’m just getting home from the courthouse. not a terribly exciting day. the prosecution called mr. dale higashi as a witness. he works for CBI as a lab agent for firearms and toolmarks. initially, he was tasked with taking a second look at the findings of another guy, allen hammond, who had analyzed ammunition taken from the theater. mr higashi was able to determine that some of the ammunition did in fact come from james’s guns, where mr hammond had found it to be “inconclusive”. hammond also lost pieces of evidence that were given to him. so mr hammond was removed from the case and it was taken over by mr higashi. hammond no longer works for CBI, it wasn’t said but I’m guessing this has something to do with it. he now works for aurora pd. where anything goes with evidence lol. so mr higashi was able to determine that all the ammunition at the scene came from 3 of the 4 weapons that james brought along. the glock that was found in his car door hadn’t been fired at all. prior to that, they were just going through mr higashi’s career, experience blah blah.
mama and papa holmes were there again today. Robert seemed to be watching mr higashi on the stand the whole time, while arlene looked straight ahead almost the whole time. I can only assume she was looking at james. robert had on a plaid shirt ♡ arlene a flowery shirt and sparkly shoes.
james looked happy when he first walked into the room, but didn’t look around once he sat down. he swivled in his chair as he always does and alternated between staring down at his lap and towards mr higashi. his hair is short, sooo much better than that wild bedhead pompador he was rockin last time I saw him. the beard is still there but not crazy unruly. he looked really good :) I have heard that he had gained weight, but it didn’t really look like it to me.
brit, your man wasn’t there :/ sorry.
tam didn’t sit by james and wasn’t even at the defense table. she sat to the side, where jury would sit I’m assuming.
that’s pretty much it. like I said, not a real exciting day. any questions, just ask!