Colo. shooting case shifts focus to race for DA, death penalty

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Adding to the time frame is the question of Mr. Holmes‘ mental stability. Legal analysts say they expect attorneys for Mr. Holmes to request a mental health evaluation to determine whether he is competent to stand trial.

Doubts about Mr. Holmes‘ stability were raised Friday when his attorneys noted in a motion that he was treated by a psychiatrist at the University of Colorado, where he was a first-year graduate student in neuroscience.

The motion was made in response to leaks to news media about a notebook mailed by Mr. Holmes to the psychiatrist, Dr. Lynne Fenton. The director of the university’s student mental health service, Dr. Fenton, was reprimanded by the Colorado Board of Medical Examiners in 2005 for prescribing medication to herself, her husband and an employee, according to documents obtained by KMGH-TV in Denver.

District Court Judge William Sylvester is expected to rule Monday on whether the notebook should be turned over to the defense. Prosecutors argue that it should remain under seal.

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