VELEZ-MITCHELL: All right. So we`re trying to figure out what is the law here when it comes to a psychiatrist notifying somebody about a patient. And here`s the statute. We looked it up.
Doctors, nurses, mental health professionals and their staff are required to break confidentiality and warn of potential victim and alert law enforcement if a serious threat is suspected.
So forensic psychologist Jeff Gardere, spell that out to us in plain English. What does that mean?
JEFF GARDERE, FORENSIC PSYCHOLOGIST: It means it`s not just the talk, because somebody could be kidding at the time, or maybe they`re upset for five or ten minutes and then maybe take back the threat that they`re making to hurt someone else.
But it also has to be that that psychiatrist, a mental health professional in their mind, in their professional view, feel that this person is a legitimate threat to somebody else out there.
So it`s not just about warning the victim, but it`s also protecting the victim. And that means detaining that person who makes the threat, contacting the police, and warning the victim. And you have to try to do all three.
VELEZ-MITCHELL: Do you think that there was enough information -- or just do we not know? In other words, take a look at him in court. He had the red hair. He had the bizarre expressions. We`re going to show you that in a second. Take one look at this guy, you go this guy`s off. This guy -- but is that enough? Let`s say he walked into her office looking like that and saying crazy things. Is that enough?
GARDERE: Well, using the armchair quarterbacking, looking back at that -- I wasn`t there, of course, I would say that is a definite, no pun intended, red flag that here`s a person who`s psychotic, changing his appearance and may have said that he`s losing it. He has a lot of rage.
VELEZ-MITCHELL: Yes, but let me say this, there are a lot of people walking around all over the place -- and I see them on the streets every day -- with purple hair, red hair, green hair. I mean, people do dye their hair. So it`s hard to know for sure.
GARDERE: But this person was seeing a psychiatrist. So there was a mental health issue.
http://transcripts.cnn.com/TRANSCRIPTS/1208/02/ijvm.01.html
more at the link. I posted it here but there was discussion regarding Dr. Fenton, the University, lawsuits etc.