According to Holmes' request, the package seized by authorities under a July 23 search warrant was a protected communication.
"The materials contained in that package include communications from Mr. Holmes to Dr. Fenton that Mr. Holmes asserts are privileged," said the document filed by public defenders representing Holmes. "Mr. Holmes was a psychiatric patient of Dr. Fenton, and his communications with her are protected."
In response, prosecutors asked for Arapahoe County District Judge William Sylvester to deny the request by Holmes, saying it contained inaccuracies including claims of media leaks by government officials that in reality may have been fabricated by news organizations.
Sylvester granted a hearing on the request for Monday, the same day that Holmes is scheduled to be formally charged in the case.
Eleven wounded survivors remained hospitalized Saturday at three facilities, including five in critical condition.
One of them, Ashley Moser, underwent "an additional surgery" on Saturday morning and also suffered a miscarriage due to "the extreme trauma she sustained," her family said in a statement. Moser's 6-year-old daughter, Veronica, was the youngest person killed in the shooting.
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