dr. fenton that mr. holmes asserts are privileged. holmes is expected to be formally charged on monday. ♪ ♪ lsday, funerals were held for three of the shooting victims, including 18-year-old a.j. boyt. he graduated high school in may. tia anthony would have attended art school with him in the fall. >> the fact that he was an artist and he was so young, just so young. o> reporter: she came to remember him at this memorial across the street from the site of the shooting. anotives of another victim, alex sullivan, was also there. they told us alex is in a better place, but they said pray for the family and friends he left behind. eachried to reach dr. fenton today but were unsuccessful to get any comment from her. the university said it can't comment because of the ongoing gag order. scott. no pelley: anne we know dr. fenton's a psychiatrist, but ses she have a specialty? it reporter: the university won't say, scott, whether she has a specialty, but we do know she's been given grants in the past to study schizophrenia. >> pelley: 11 of t

dr. fenton's a psychiatrist, but does she have a spocial?reporter: the university won't say, scott, whether she has a specialty, but we do know she's been given grants in the past to study constituencies sc. >> pelley: 11 of the wounded are still in the hospital tonight. five of of them are in critical condition. now to the economy. we learned today that it is slowing down. the government reported a weak growth rate in the second quarter of just 1.5%. that is down from 2% in the first quarter. here's one reason it matters-- in the first quarter, the economy was creating, on average, 226,000 jobs a month, but by spring, that had plunged to 75,000 jobs a month, and that isn't nearly enough to bring down the unemployment rate. what's gone wrong? rebecca jarvis says have a look at spending by consumers. >> reporter: consumer spending grew by just 1.5% this spring, the weakest in a year, and not nearly enough to jump start growth and create jobs. economist diane swank: >> right now we have the highest risk of a second recession that we have had s

dr. fenton. when the package from holmes to dr. fenton was discovered in the university mailroom, investigators sent in the bomb squad fearing it contained explosives. instead, investigators reportedly found a notebook with crude drawings that seemed to suggest planning for a mass murder. while much about holmes remains a mystery, documents from the university of iowa released today give some insight. in his 2010 application to graduate school at the university, holmes wrote he had a strong desire to explore the unknown. he wrote about working at a camp where children with schizophrenia were heavily medicated, saying, "this did not solve their problems, only create new ones." in response to holmes' application, one university official advised, do not offer admission under any circumstances. today in court, holmes seemed slightly more engaged. sometimes, though, he still had that wide-eyed look around the courtroom, though he did speak to his attorneys a couple of times, also, i didn't see him make any direct eye contact with the psy

dr. fenton who was the psychiatrist treating him to the team or originated from some other source and dr. fenton who is a member of the team was consulted about it. so if the information did come from dr. fenton to the team, it would have been under a duty to warn situation or what is referred to a as terror solve situation where there is an imminent threat to specific individuals by a patient to a mental health provider at which point the provider would notify authorities. i am not so sure we were there because there is no evidence we know of at this point that dr. fenton notified law enforcement authorities or any specific individuals at risk. she took the information to the team which suggests a possible lower threshold if in fact the information did come from her about holmes to the beta on the campus. >> for me the question is sort of a sense of red flagging, this beta team is interested in protecting obviously everything in and around the university. the bigger question becomes if in fact that process was stopped because holmes was dropping out of school, what happens to the red fla

dr. lynn fenton. holmes, a former ph.d student there, was a psychiatric patient of dr. fenton who in 2005 was disciplined by a state medical board for inappropriately dispensing medications and for unprofessional conduct. did she have holmes on any medications? were there hints he was unraveling? did she warn campus police or other authorities? in court judge sylvester ordered a hearing on whether any evidence and details of the suspect's contacts with dr. fenton will remain protected and confidential. >> what holmes told the psychiatrist is the key to the outcome of this case. >> reporter: with hearings scheduled on a range of issues the actual arraignment won't take place until mid november, 3 1/2 months from now. that is when the defense will enter a plea. perhaps not guilty by reason of insanity and also when the prosecution might signal whether it intends to seek the death penalty. >> mike taibbi, thanks. >>> mitt romney continues tonight what was supposed to be a low risk and statesman like three-nation overseas trip. instead and beginning with his conversation wit

dr. fenton. and judge william sylvester has ordered a hearing next week into how much if anything about her contacts with james holmes five weeks and more before the massacre will ever be made public. mike taibbi, nbc news, los angeles. >>> up next here tonight first word of a medical advance that could some day help millions of americans. >>> a freak of nature in florida. we've put these pictures on our website tonight so you can just stare at them. they're called fire rainbows even though they are neither on fire nor really rainbows. they are iridescent cloud tops that give off color wave lengths in the sky and they are beautiful. something more ominous, early warning of the newest tropical storm ernesto is just starting out heading toward the region of barbados and martinique. we will keep an eye on it. >>> the fda has approved a kind of attachment for all types of pills, a tiny, harmless transmitter that will etronnically register if you've taken your pill or not. it mixes with stomach acids

dr. fenton. we don't know what those conversations were, but we know during that period, something that he said to his psychiatrist caused her to contact the university of colorado threat assessment team. now, that threat assessment team was formed in part with her help and she's on that team. so she's a member, she helped form the team. she contacted several of her colleagues on that team. we don't know what she told them, we don't know what triggered her to call them. but they decided after a day or so not to convene. and the reason was because three days after he failed that test and bought that a.r. 15 on the 10th of june, he dropped out of school. they then thought, the team thought, we're told by our sources, the team thought they had no jurisdiction, they had no control over him, so there was ng they could do, vis-a-vis this concern that she had. we don't know what the concern was. what we do know is is that no one through our sources and through our reporting, we have been told no one con

dr. fenton was recovered by police in the schoolroom on monday. sources say the package contained a letter written by holmes a describes shooting people it's unclear when holmes sent package. holmeses lawyers say the discovery of the letter should never have been made public because it contains communications from mr. holmes a doctor fenton that mr. hall asserts are privileged holmes is expected to begin formally charged on monday. did waves we intended to reach dr. fans and the were unsuccessful university says it cannot comments due to the ongoing gag order will be do know is that dr. fenton did obtain grants to study schizophrenia. in warner's cbs news centennial colorado. the famous committee had found out that they don't think his joke about the movie theater massacre is funny now dean cup apologizing cbs reporter art baron says as bad as he's not the only one who's tried to make a ton fall in national tragedy. canadians live for laughs bad thing coaxing. hbo's vicious circle is drawing criticism. he apologizes for joking about the colorado b

dr. fenton.udge william sylvester has ordered a hearing next week into how much if anything about her contacts with james holmes five weeks and more before the massacre will ever be made public. mike taibbi, nbc news, los angeles. >>> up next here tonight first word of a medical advance that could some day help millions of americans. [ kate ] many women may not be properly absorbing the calcium they take because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. that's why my doctor recommends citracal maximum. it's all about absorption. my name is sunshine and i have three beautiful girls. i like taking advil® for a headache. it nips it in the bud. and i can be that mommy that i want to be. ♪ [ male announcer ] take action. take advil®. constipated? yeah. mm. some laxatives like dulcolax can cause cramps. but phillips' caplets don't. they have magnesium. for effective relief of occasional constipation. thanks.

dr. fenton. one thing i wanted to add here, about something we don't know, anderson, i think it's very important that we mention this. we don't know if, even though on one side, that the threat assessment team didn't follow through or didn't meet, didn't think it could. on the other side, we really don't know what happened with dr. fenton and this suspect. did she meet with him after he left school, on a private basis? did she refer him to some other psychiatrist, as one of your guests just said, may have done that. those are things we don't know. it's very difficult to make an assessment as to whether, you know, exactly, to say that she handled this correctly or not. she may have handled it very correctly. we simply don't have those answers. >> that's an important thing to point out with, and the very fact that she raised red flags and called other let assessment members, that is certainly at least a good indication of taking the right steps. and i think dr. drew agrees with that. i appreciate a

dr. fenton does have an ongoing role from -- with that threat assessment team, but won't say if she warned or expressed any concern to any of her colleagues, citing a court-issued gag order and for her part, dr. fenton is not returning our calls. >> did we hear from anyone who said they were contacted by the university, including his parents? >> not yet. his parents are not commenting at this hour. safe to say that if the university had concerns, a threat assessment expert tells us, the parents are some of the first people they should have reached out to. >> all right, mark, thanks so much. >>> now to the civil war the whole world is watching with increasing alarm. in syria, the fight for aleppo, serious commercial hub, is escalating, now being called the crucial battle of the war. president assad said, the fate of our people and our nation, past, present, and future, depends on this battle. and the brutality of this war could be seen up close to the outskirts of aleppo on the road to damascus. in this unconfirmed video seen on youtube today, a group of prisoners is held by rebel soldiers

dr. fenton. and judge william sylvester has ordered a hearing next week into how much, if anything, about her contacts with james holmes, five weeks and more before the massacre, will ever be made public. mike taibbi, nbc news, los angeles. >>> all right, now let's get a check of your national weather with nbc meteorologist bill karins. he has your weather channel forecast. it's all about ernesto, isn't it? >> yeah. i have way too many questions and not enough answers, and that makes me frustrated, as well as everyone else, but these storms are at least a week away from affecting the u.s., if it ever does, and that's why we still have tons of time to watch this. let me show you the latest from the national hurricane center, just updated their forecast over the last 15 minutes or so. this storm does not look very impressive this morning. it's now heading over top of or getting near st. lucia and barbados. the storm will be heading into the caribbean. so the chances of this storm doing a swing-and-

dr. fenton that mr. holmes asserts are privileged. >> this morning, there are some questions about holmes' psychiatrist. dr. lynn fenton was by the board. some of the shooting victims remain hospitalized this morning. >>> back overseas and what may be the decisive battle in the syria's civil war. heavy fighting is reported there this morning. government forces are pounding the city. a u.n. official says 200,000 people have fled aleppo. >> reporter: demolished tanks and rubble littered the streets of aleppo on sunday after troops pounded areas held by rebel forces. the president's troops say they have recaptured parts of the country's largest city. u.s. defense secretary said asad's latest attack proves they lack the legitimacy to rule. >> i think it ultimately will be a nail in asad's coffin. >> asad's regime struggling to maintain power over the last two weeks now. but on sunday, government forces declared victory in damascus and used heavy artillery in aleppo. >> the key right now is to continue to bri

dr. fenton notified other members of the team about her concerns about holmes' behavior.ut june 10th, three days after holmes bought an assault weapon the ph.d student told the university he was quitting. according to what -- to sources the larger assessment team never had a formal meeting and never intervened, thinking they had no control over holmes once he left. experts say the exit should have been a red alert. >> you should intense efforts not walk away. under those circumstances, most well trained threat assessment teams would have gone into action. >> reporter: listen to what the chancellor claimed this week. >> to the best of our knowledge we did everything that we think we should have done. >> reporter: those words are being challenged as those close to the victims wonder could this tragedy had been prevented? tahman bradley, abc news. >>> president obama has signed a so-called intelligence finding authorizing covert aid to syrian rebels. the white house is declining to comment on reports that the cia is helping give aid to syrian rebels and the state department

dr. lynn fenton, seen there, helped to set up.une 7th is when the suspect bought the assault rifle he used. june 10th he dropped out of the university, which is apparently why the beta team took no further action because he dropped out. the university says that the people did what they should have done. the "denver post" reports lynn fenton spoke about how to deal with a threat to the committee. generally, if you think that the threat is imminent, call the campus police. if you think it is best to contact the beta team, call lynn fenton. did she think the threat was imminent? that's the question given that the suspect left the university, the question is should dr. fenton or the beta team still have called campus police or local police? joining us now, the executive director of the national behavioral intervention team association, also threat assessment expert barry spodak and peter reed whose daughter mary karen reed was killed in the virginia tech shooting. mary, want to start with you. sources tell kmgh when the suspect droppe

dr. fenton or the beta team still have called campus police or local police? executive director of the national behavioral intervention team association, also threat assessment expert, and peter reed whose daughter mary karen reed was killed in the virginia tech shooting. mary, want to start with you. sources tell kmgh when the suspect dropped out of school, the university assessment team had, quote, no control over him. in your opinion, is that true? >> you know, anderson, that's a question we deal directly with when we have threat assessment teams. we come up with a simulated case study where the threat assessment team is facing that exact situation, and i have to tell you in all honesty, the first impulse of most on threat assessment teams is to say what you mentioned, this is out of our control, it is out of our authority. what are we supposed to do at this point. so we ask them at that point a very simple question. if this student is leaving your campus, you know, in the wake of perhaps a terrible failure, something that they're struggling with, would you

dr. fenton was telling them, at that point during that period of time, he dropped out of school. they then thought well, he's not a student anymore. we're the threat assessment team for the university of colorado. there's not much we can do. we don't have jurisdiction or what do we do? he's not coming here anymore. as a matter of fact two days later after the 10th, his access card was cut off, he couldn't get back into the labs where he was, woulding. but anderson be clear on this. we don't know what was said so we don't know the level of threat or the level of concern. and was that level to the level that would have been necessarily have been reportable to police? >> right. >> as you know across the country, there are obviously different rules in different states. but if you're here and this is where we need to be to report to police, we don't know if that call to the threat assessment team might have been here about something down here. we don't have any idea about that. so we can't really say whether she mishandled it or she handled it properly. >> we may not know this informa

dr. lynn fenton for several weeks. 7th, and again, this is the first ten days of june, on june 7th, holmes took a preliminary exam, oral exam and ba basically failed it. he was also having trouble getting a mentor to continue in the ph.d. program in the neuroscience program in the university of colorado. on the same day of june 7th after he failed that test, he went out and bought a ar assault rifle, and in this period, he was talking to dr. fenton, and during this period he told her something so disturbing that she decided that she h to contact this team, this threat assessment team, and we don't know specifically what she told him, but we know it involved her concern that he might be a threat to others. >> and how did the university respond here? because i know they have some sort of system that is set up in place, a threat assessment team. >> yeah. doctor, and dr. lynn fenton helped to form this threat assessment team in 2010 and she is a member of the team. we know she contact ed members f the team in separate conv

dr. lynn fenton, holmes, a former ph.d. student there, was a psychiatric patient of dr. fenton's, who was disciplined for unprofessional conduct. did she have haeolmes on any medicati medication? did she warn campus police or other authorities? judge william silvestri ordered a hearing on whether the dealings with holmes and fenton will be kept confidential. >> that was mike tiabi from centennial, colorado. in november, the defense will enter a plea, same time that the state will reveal whether it's seeking the death penalty. >>> new faces emerge for the u.s. swimming squad. willie geist joins us live from london with full highlights. plus, willie will have a preview of what to watch. a check of weather when we come back. >>> they were camping right along the iranian border, a beautiful area filled with mountains, near a waterfall when they crossed into iran according to iranian officials and quickly surrounded by iranian security and remained in detention. this man is about to be the millionth customer. would you mind if i go ahead of you? instead we had someone go ahead

dr. fenton made an urgent call to the university and it appears there was no further action. kngh reporter john feruja picks up the time line. >> something that he said to his psychiatrist caused her to contact the university of colorado threat assessment team. now that threat assessment team was formed in part with her help and she's on that team so she's a member, she helped form the team, she contacted several of her colleagues on that team. we don't know what she told them. we don't know what triggered her to call them. on the 10th of june he dropped out of school. they then thought, the team thought, we're told by our sources, the team thought they had no jurisdiction, they had no contl over them so there was nothing they could do. we have been told no one contacted the aurora police department with any of these concerns. >> so moving forward from that time line. about six weeks later 12 people were gunned down at the aurora cineplex. a lot of people asking what they knew and whether they were legally obligated to call police with their concerns. in the next hour of "ear

dr. fenton discussed, are we not? >> no. >> of course that comes up, mark.l absolutely, it does, mark. >> wait, you're talking about the notebook or just general stuff? >> megyn: all of it. you're telling me we don't get to see the records between the alleged shooter and his psychiatrist? >> probably. megyn: yeah. >> probably. megyn: we're going to get to see it. so then we will find out whether they discussed his homicidal tendencies, and do we all agree, though, as mark points out it's going to have to be specific, he can't say i'm thinking about killing somebody, it's got to be -- we all agree? >> yeah. megyn: doctor's records right after this break. or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. the calcium they take because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. that's why my doctor recommends citracal maximum. it's all about absorption. meg

dr. fenton. the package contained a notebook with notes from holmes and crude sketches of a gunman shooting at victims. his defense team says that package is privileged communication between a doctor and a patient and should be excluded from the case. and, scott, what else might be excluded is the focus of hearings tomorrow and in the weeks ahead here at the courthouse in centennial. >> pelley: thanks, barry. in the presidential campaign both candidates have made the election all about the middle- class and a report today from the pew research center shows us why so many members of that class are frustrated. their net worth has dropped dramatically since the great recession. 85% say it's more difficult than it was a decade ago to make ends meet. how much have american families lost? anna werner has the answer. >> it has become much harder to maintain a middle-class standard of living. >> reporter: the study of middle-class americans like new jersey garage owner john o'connor, looked at households

dr. fenton that mr. holmes asserts are privileged. mr. holmes was a psychiatric patient of dr. protected. "outfront" tonight, drew

dr. fenton who was treating holmes at university of colorado was also a key member of the school's threatteam. denver affiliate kmgh reporting that by early june dr. son notified other members of the team about -- dr. fenton notified other members of the people about holmes behavior. the ph.d student told the university he was quitting. the large -- >> i think that's a signal to intensify efforts not walk way under those circumstances, most well trained threat assessment teams would have gone into action. >> earlier this week the university of colorado chance already said he believed the officials at the school did everything they should have done. >>> this morning, federal investigators looking into a very close call involving three us airways commuter jets at washington's reagan national. the three planes carrying a total of 192 people were seconds if from colliding in midair tuesday afternoon. officials say bad weather caused air traffic controllers to move the pattern of incoming planes. that information was not apparently passed along two outgoing flights were cleared towards the dir

dr. lynn fenton.trist at the university of colorado and director of student mental health services. cbs news reports the package included a description of how holmes was planning to kill people. defense attorneys argue it should be protected under doctor/patient privilege. psychologist eric fisher joins us to talk about this. we're hoping to learn more about what was in this notebook, this package. we don't want to speculate about how much this psychiatrist, dr. fenton, might have known about james holmes. but i'm curious what you say about the limits of confidentiality. when do you have to disclose? when does patient/doctor privilege no longer apply? >> there were laws passed in the '70s that states when a patient states a clear and present danger to a person we have the obligation to warn that person, warn family, people who might be related to them, and authorities. so the issue of this and what comes up is how are we compromising our relationship with that client that they might withhold informati

dr. fenton notified other members of the team about her concerns about holmes' behavior.0th, three days after holmes bought an assault weapon, the ph.d student suddenly told the university he was quitting. according to what courses say the larger threat assessment team never had a formal meeting and never intervened, thinking they had no control once he left. experts say the exit should have been a led alert. >> that's that's a signal to intensify efforts not walk away. under those circumstances, most well trained threat assessment teams would have gone into action. >> reporter: listen to what the university of colorado chance already claimed earlier this week. >> to the best of our knowledge we did everything that we think we should have done. >> reporter: those words are being challenged. those close to the victims wonder, could this tragedy have been prevented. tahman bradley, abc news. >>> president obama has signed a so-called intelligence finding authorizing covert aid to syrian rebels the white house has declined to comment on reports cia is helping give aid to reb

dr. fenton about his plans, but if he did say something about planning an attack, what is herw responsibility in terms of notifying authorities? >> certainly, she would tihave v a duty e to warn, if the attackk was, if the attack threat was specific and imminent.im that's essentially the rule that mental healthcare providers are supposed to follow, but in terms of what he might have said, ifsa it was more general, if it was in some situation where he was, where there wasn't a specific threat she would be off theo hook.e >> is it a violation of hipaaat laws to iorelease details in cot about her private conversations with him before the attack? >> it can be. there is certainly doctor/patient privilege.or we've already seen leaks thatle seem to akinvestment that, and n -- violate that, and if it's in his best interest to -- >> does she legally have toto reveal what she knows about holmes leading to the massacre,t if she's called to testify, which i would imagine she's going to. >> essentially she will.tial their might be a couple loopholes she could use, but she's goingse to essentially gie ntwh

dr. fenton and his communications with her are protected. that attorney is now trying to get ahold of that package and the contents of which according to cbs news supposedly describe how holmes would kill people. the information is privileged according to holmes' attorney, confidential, and should not be in the hands of police. i want to tell you this, that on monday school officials including the campus police chief did answer some questions and i want you to specifically listen to this exchange i had with the police chief regarding the holmes interaction with campus security. >> did your department or any of your officers have any interaction with this student whatsoever? >> i don't have any information on him at all. >> did you do a records check on him? >> yes. and as you already know, i think it was a traffic ticket from aurora. that's it for us, them, and everyone. >> nothing ever brought him to your attention in any way? >> we've had no contact with him on a criminal matter whatsoever as a police department. >> a spokesperson for the