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Analysts expect the case to be dominated by arguments over the defendant's sanity. Under Colorado law, defendants are not legally liable for their acts if their minds are so "diseased" that they cannot distinguish between right and wrong. However, the law warns that "care should be taken not to confuse such mental disease or defect with moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred, or other motives, and kindred evil conditions." Holmes' public defenders could argue he is not mentally competent to stand trial, which is the argument offered by lawyers for Jared Loughner, who is accused of killing six people in 2011 in Tucson, Ariz., and wounding several others, including U.S. Rep. Gabrielle Giffords. If Holmes goes to trial and is convicted, his attorneys can try to stave off a possible death penalty by arguing he is mentally ill. Prosecutors will decide whether to seek the death penalty in the coming weeks. Defense attorney Tamara Brady said Monday she will subpoena University of Colorado, Denver, psychiatrist Lynne Fenton, whom Holmes had been seeing, to testify in a dispute over whether the notebook is privileged because of a possible doctor-patient relationship. Arapahoe County District Attorney Carol Chambers disputed news reports that the notebook contained descriptions of an attack. On Friday, court papers revealed that Holmes was seeing Fenton. They did not say how long or if it was for a mental illness or another problem. An online resume listed schizophrenia as one of Fenon's research interests. Holmes' public defenders want to know who leaked the information to the news media. Prosecutors say the notebook was inside a package Holmes reportedly sent to Fenton at the university. Holmes came to the school's competitive neuroscience doctoral program in June 2011 and dropped out a year later. Authorities seized the package July 23, three days after the shooting, in the mailroom of the medical campus where Holmes studied. A hearing on the matter was set for Aug. 16. Sylvester set an Aug. 9 hearing on news organizations' motion seeking to unseal the case docket. Sylvester has tried to tightly control the flow of information about Holmes, placing a gag order on lawyers and law enforcement, sealing the court file and barring the university from releasing public records relating to Holmes' year there. ___ Online: Complaint against Holmes: http://bit.ly/OueB2J
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