CENTENNIAL | Prosecutors and lawyers for accused theater shooter James Holmes are scheduled to argue Thursday whether a package Holmes sent his psychiatrist constitutes privileged, doctor-patient communication.

The motions hearing is scheduled for 1:30 p.m. at the Arapahoe County justice Center in Centennial.

Holmes sent the package to his psychiatrist at the University of Colorado, where he was is graduate student studying neuroscience, and law enforcement seized it from a school mail room a few days after the shootings, according to court documents and testimony.

Holmes’ defense team has argued the package likely constitutes a privileged communication, but prosecutors have questioned that.

The two sides were scheduled to discuss the package at a hearing last week, but the hearing was delayed after lawyers said they hadn’t yet had time to review needed documents.

Holmes is being held in the Arapahoe County Jail on 142 charges, including several counts of first-degree murder and attempted murder after the July 20 shootings at the Century Aurora 16 theater.

In court early this month Holmes’ lawyer said Holmes had a “mental illness,” laying the groundwork for an insanity defense that several experts have said is almost certain for Holmes’ defense.

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