fox news exclusively that james holmes mailed a notebook to a university of colorado psychiatrist. they say it was full of details of how he was going to kill people, including stick figure drawings and illustrations of the coming bloodbath. and now our legal panel for this, big news coming in, former prosecutor jeff gold and criminal defense attorney. jeff, explain this to us because the defense is saying that the diagrams and the stick figures, this is all privileged and should not be released. >>guest: that is what the defense wants to say. first of all there is a legal point. if a person is telling the psychiatrist they are going to commit an offense, that is not privileged. i don't believe any of this. this is part of his plan. he set this up. he went to the psychiatrist to set up a defense and he told a psychiatrist this to set up a defense, i don't believe the notebook we talking about was sent earlier. something is rotten in denmark.