Members of Alex Sullivan's family embrace at a memorial across the street from the Century 16 movie theater on Thursday, July 26, in Aurora, Colorado. Twelve people were killed in the theater early July 20 during a screening of "The Dark Knight Rises." Suspect James Holmes was taken into custody shortly after the attack. More photos: Colorado movie theater shooting. 
''Hello Kitty'' decorated flowers are sent to shooting victim Micayla Medek's funeral Thursday in Denver. 
Pallbearers carry Micayla Medek during her funeral at the New Hope Baptist Church on Thursday. 
People visit a memorial across the street from the Century 16 movie theatre on Thursday, July 26 in Aurora, Colorado. 
Angella Aquilis, left, and Maria Olivas mourn together at a makeshift memorial across the street from the Century 16 movie theater Wedesday, July 25. 
Yvonne Amaro, 9, prays for those injured and killed as she visits the memorial on Wednesday. 
Carrie Hensley, left, and Hailee Hensley mourn together on Wednesday. 
Kevin Flynn, left, Aurora Police top brass division chief, and Cmdr. Jack Daluz visit the makeshift memorial. 
A couple embraces as "Dark Knight Rises" star Christian Bale and his wife, Sandra Blazic, wait to place flowers at the memorial on Tuesday. 
Bale places flowers at the memorial while other mourners look on. 
Visitors pay tribute Tuesday, July 24, at the makeshift memorial. 
A cross stands at the makeshift memorial for victims across the street from the Century 16 theater on Tuesday. 
Greg Zanis of Aurora, Illinois, carries two of the 12 crosses he made for a makeshift memorial to the victims of last weekend's mass shooting at the Century 16 movie theater on Sunday, July 22. 
Greg Zanis writes the names of the victims of last weekend's mass shooting on the crosses before erecting them at the memorial across from the Century 16 movie theater on Sunday. Zanis, a carpenter, drove all night from Illinois to deliver the crosses. 
Parishioners pray during morning Mass, remembering victims of the theater shooting, at the Queen of Peace Catholic Church on Sunday. 
Angie Terry of Alabama prays next to a white wooden cross erected for victims. 
A man pauses before the crosses at the memorial near the Century 16 movie theater on Sunday. 
President Barack Obama embraces Colorado Gov. John Hickenlooper as Sen. Mark Udall, left, and Sen. Michael Bennet look on during a visit to the University of Colorado Hospital on Sunday. 
Mourners bow their heads in prayer during the vigil for the victims of the Aurora shooting. 
A woman is overcome with emotion during the vigil. 
Tiffany Garcia, right, and her 6-year-old daughter, Angelina Garcia, cry on Saturday, July 21, as they look at a memorial for the victims of Friday's shooting. 
People pray at a cross erected at the makeshift memorial across the street from the Century 16 theater on Saturday. 
Family, friends and former classmates of movie theater shooting victim A.J. Boik gather for a memorial service at Gateway High School on Saturday. 
Boik and his girlfriend were at the midnight showing of 'The Dark Knight Rises' when a gunman killed Boik and 11 other people. 
Movie theater shooting victim A.J. Boik's girlfriend, Lasamoa Croft, center, embraces his mother during the memorial service. 
Eman Alexander, 17, pins a ribbon on his shirt while joining family, friends and former classmates to honor shooting victim A.J. Boik. 
Denise Toepel of Denver sheds tears while visiting a makeshift memorial across the street from the Century 16 movie theater on Saturday, July 21. 
Handwritten signs decorate the makeshift memorial across from the Century 16 movie theater on Saturday. 
Gerald Wright, 24, relights candles that have blown out at the victims' memorial across from the movie theater. 
Aviation Boatswain's Mate 3rd Class Jajuan Mangual lowers the American flag on the flight deck of the aircraft carrier USS George H.W. Bush to half-mast on Saturday. One U.S. Navy sailor was killed in the shooting and another injured. 
Two women mourn near the theater on Saturday. 
Alicia Prevette, left, and Paul Stepherson attend a vigil for the victims Friday at the Century 16 movie theater. 
A woman lights a candle at a makeshift memorial where the victims of the massacre are mourned. 
Mourners hold hands at a vigil near the theater. 
Mourners hug as they grieve the loss of the victims. 
A group of teenagers stand behind a sign that reads "Strength." 
Dara Anderson, left, and Monique Anderson cry during a candlelight vigil across the street from the crime scene. 
A woman holds a lit candle at a makeshift memorial. 
Marietta Perkins of Denver prays for victims and their families. 
Lonnie Delgado, right, hugs Heaven Leek during a prayer. 
A mourner grieves on the curb during a memorial service. 
People hug during a vigil for the victims. 
Handwritten consolation letters lie beneath flowers at a makeshift memorial. 
Nathan Mendoza, left, and Melissa Clark sit on the grass during a vigil. 
Flags, flowers and candles make up a memorial site. 
Two mourners sit on the ground at a vigil. 
A sign prevents moviegoers from wearing masks or bringing in props to the AMC Arapahoe Crossing 16 movie theater in Aurora. 
A woman looks at a makeshift memorial after attending a candlelight vigil. 
- Medical ethicist: If she has info about crime, "she has a duty to notify"
- Police can subpoena the package's contents "and they would certainly get it"
- A psychiatrist who thinks a patient is an imminent, direct threat must report, he says
(CNN) -- A medical ethicist who is also a lawyer disputed an assertion of privilege made Friday by a lawyer for the suspect in last week's mass shooting inside a Colorado movie theater over the contents of a package he allegedly sent to his psychiatrist.
The key factor is whether she has information about the alleged crime, said Prof. Arthur Caplan, head of medical ethics at New York University's Langone Medical Center.
"Once there has been a crime, I believe, she has a duty to notify that she has information about that crime," said Prof. Arthur Caplan, head of medical ethics at New York University's Langone Medical Center, said Caplan.
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Cops: Holmes sent package to university Police can subpoena the record, he said, "and they would certainly get it."
James Holmes was a patient of a University of Colorado psychiatrist before the attack in Aurora, Colorado, which killed 12 people and wounded scores more, according to a court document filed Friday by his lawyers.
The disclosure was in a request by Holmes for authorities to hand over a package he sent to Dr. Lynne Fenton at the university's Anschutz Medical Campus.
According to Holmes' request, the package seized by authorities under a July 23 search warrant was a protected communication.
"The materials contained in that package include communications from Mr. Holmes to Dr. Fenton that Mr. Holmes asserts are privileged," said the document filed by public defenders representing Holmes. "Mr. Holmes was a psychiatric patient of Dr. Fenton, and his communications with her are protected."
In response, prosecutors asked District Court Judge William Blair Sylvester to deny the request, saying it contained inaccuracies, including claims of media leaks by government officials that may have been fabricated by news organizations.
Sylvester set a hearing on the request for Monday, the same day that Holmes is scheduled to be formally charged in the case.
Had the package contained clear threats and arrived before the shooting, there would be no question about the duty of the psychiatrist to hand it over to authorities, medical ethicist Caplan said.
"The standard is if you believe that your patient is an imminent, direct threat to another person, then you have to say something," Caplan said in a telephone interview.
Though psychiatrists have a duty not to abandon their patients, Fenton's treatment of Holmes is likely over, Caplan said. "It wouldn't be easy to do, given the arrest," he said. "In the real world, she's not going to see him any more."
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