"Joker" Was Still Student at Time of Massacre

Aug. 10, 2012 - PRLog -- It now appears that, contrary to earlier reports, James Holmes was still a registered student at the time he assumed the persona of "the Joker" at a Batman movie and shot dozen of people, many fatally.  This is important because it provides an additional factor upon which the University of Colorado's civil liability for the shooting could be based, says public interest law professor John Banzhaf, one of the first to raise issues about its institutional civil liability for the massacre.

It's no wonder that the university is paying for lawyers to represent both the university psychiatrist and the campus police officer who had warning that, even weeks before the fatal shooting, Holmes posed a "serious and imminent threat" to others, but did not take effective action to prevent the tragedy.  Although the threat was serious enough for the university psychiatrist to breach psychiatrist-patient privilege and warn the police officer and the university's Behavioral Evaluation and Threat Analysis [BETA] team, the Aurora police were never notified, and the BETA team reportedly met but took no action, apparently believing that Holmes was no longer a student.

But, although he had submitted papers designed to lead to his eventual separation from the university, Holmes apparently was still technically enrolled at the time of the shooting.  This revelation could be crucial, says Banzhaf, because the civil liability universities have for the foreseeable acts of their students is based upon the school-student relationship.  Indeed, that's apparently one reason why Virginia Tech has settled several law suits brought by the families of victims shot by Seung-Hui Cho, a student whose disturbing behavior had likewise been reported to university officials.  Colorado, like Virginia, might also wish to settle the suits to avoid further revelations and the embarrassment of trials.

The fact that Holmes was leaving a prestigious position at the university - as well as losing his means of support and his apartment - should have been recognized as major stress factors which could trigger a violence-prone individual to finally act out his fantasies, rather than as an excuse by the BETA team not to do what they were set up to do, argues Banzhaf.  Several experts agree.

Barry Spodak, a threat assessment expert, said: "It's hard to imagine why they wouldn't go into action when they have received those kinds of reports."  Attorney Gerry Shargel remarked: "Simply reporting it and wringing the hands and saying, 'Well there's nothing we can do about it because he is not longer a problem for the University of Colorado,' I think, will fall short when you look at the responsibility."

If, as reported, the university also failed to deliver in a timely fashion a package sent by Holmes to his university psychiatrist detailing his murderous plans, this negligence could provide an alternative and additional basis for civil liability, suggests Banzhaf, because it can reasonably be foreseen that package sent to a psychiatrist - as compared with a package sent to a professor of math - might indicate that a patient presents a serious risk of imminent harm to himself or others; a finding which triggers a mandatory legal duty to report.

JOHN F. BANZHAF III, B.S.E.E., J.D., Sc.D.
Professor of Public Interest Law
George Washington University Law School,
FAMRI Dr. William Cahan Distinguished Professor,
Fellow, World Technology Network,
Founder, Action on Smoking and Health (ASH)
2000 H Street, NW, Suite S402
Washington, DC 20052, USA
(202) 994-7229 // (703) 527-8418
http://banzhaf.net/