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A specific threat that the guy was going to kill her warned the campus police, buthat was all. and then she was stabbed to death. that lawsuit resulted in the court's holding that a psychiatrist has to give warning or at least to protect the intended victim. >> yes. megyn: so, mark, if they can establish that dr. lynn fenton either through this package that they tried to get to her -- it doesn't look like she got it -- or through some other means, through the counseling sessions she had with holmes was told of his plans to murder folks, could she face liability? could the university? >> the an...

Counts of murder among a long list of other charges. attorneys also argued over a defense motion that is trying to discover who leaked information to the news media about a package that holmes sent in the mail to this woman. her name is dr. lynn fenton. she is the university of colorado psychiatrist who holmes now says was treating him. she is also a member of the university's threat assessment team, although we don't know that that's the capacity in which she was treating him. the package, addressed to her, apparently contained a notebook that outlined an attack showing stick figures killing ...

Megyn: whether he was discussing homicidal tendencies with his -- >> it's all right to ask. you can ask all day long, but this doctor there's no evidence whatsoever that he spoke one word about it. and if it was in general terms, if he said, you know what? someday i may want to do harm to somebody, lis will concede that's -- >> in a general way, i think that's at least the right to get to her records and find out -- megyn: let me stop you there, lis. we are definitely going to see the records of what holmes and dr. fenton discussed, are we not? >> no. >> of course that comes up, mark. megyn: l...

>> what's with bashing the doctor? megyn: because this may be a witness at trial. we're looking at what's going to happen on the stand at trial, pga. >> i've got it. her picture's been up, her name's been tossed around. there's no evidence at all that this guy ever uttered the word that he was going to do anything -- megyn: that's absolutely, 100% true, and we're not trying to trash the doctor. that's why we have both sides represented, mark, that's why we're here. >> great. cool. megyn: but it would be irresponsible not to talk about the fact that this woman has emerged, according to the defe...

Out which prosecutors have said are not accurate, no one suggested she received this notebook and knew about this tragic, abhorrent -- >> but, mark, okay, assume you're right on that, assume she did not have the notebook, would you agree with me if he sends that notebook to her -- she doesn't get it in time, obviously, you know, before this massacre happens -- but it wouldn't be kind of a logical conclusion that he'd been talking to her about these things --? no, absolutely -- megyn: psychiatry counseling sessions, mark. >> wait a second. somehow we're going to deduce what is in this man's min...