Testimony links theater gunman James Holmes' medications to CU doctor expected to testify later

Posted at 3:47 PM, May 21, 2015
and last updated 2015-05-22 09:41:14-04

Defense attorneys in the theater shooting trial made sure to link prescription pills found in the theater shooting gunman's apartment to his University of Colorado Psychiatrist.

Photos of the pill bottles were introduced into evidence during the prosecution's direct examination of Aurora Detective Tom Wilson, but it was an attorney for defendant James Holmes who had Wilson read the doctor's name off the label. Holmes has pleaded not guilty by reason of insanity to charges relating to killing 12 people, injuring 70 others and setting booby-traps in his apartment.

According to Wilson's testimony, he and other members of the Evidence Response Team collected these medications prescribed by Dr. Lynne Fenton from the bathroom cabinet in apartment No. 10 at 1690 Paris St.:

"I think there is (relevance)," said 7NEWS Legal Analyst Dan Recht. "Both of those are consistent with the opening statement that the defense gave about Holmes having emotional and psychiatric problems."

They also collected ibuprofen and a prescription antihistamine.

Dr. Fenton is a significant figure in the case because of her role treating the defendant in the months prior to the shooting. Over a month before the July 20, 2012 shooting, she informed CU Police that Holmes was having homicidal thoughts and also that he had harassed her via email and text message, search warrants say.

Sources also told CALL7 Investigative Reporter John Ferrugia that Fenton was asked by an officer if a 72-hour hold was necessary, but she said it was not because, in part, because Holmes was withdrawing from the graduate neuroscience program. Since he was leaving the campus, the University of Colorado Behavioral Evaluation and Threat Assessment team dropped the issue.

Following the shooting, a package addressed to Dr. Fenton arrived at CU from Holmes. Contents of the package have not been revealed in court, except that it contained a notebook and some post-it notes with writing and doodles.

Fenton has not yet been called to testify and the notebook has not yet been introduced into evidence. 

--Other items Wilson collected in the apartment--

Elsewhere in the apartment, Wilson testified that he saw a piece of poster board with a symbol drawn on it. It was the same overlapping circle, number "1" and infinity symbol that was seen marking July 20 on the gunman's wall calendar.

Also of note, the prosecution used Wilson's testimony to introduce volumes of automotive records and financial documents that were found in the apartment.

"The prosecution is entering those into evidence to show that Holmes was a very functioning adult. That he was able to organize and keep and admin financial documents, all of which, in the prosecution's mind, tends to show that someone is sane."