It looks like what is missing is a clear protocol to be followed by law enforcement upon receiving information from a mental health professional that someone appears to be a danger to himself or others.
While I think law enforcement could have done more, I don't know how much of a threat to society that occurred. In other words, that Holmes shot up a theater wasn't something seen coming by anybody, even Fenton. I am sure that Holmes was not the first patient that she had that expressed homicidal thoughts. However, the fear of homicide wasn't a sufficient concern for Fenton to report Holmes to the police as a danger to himself or others. It was not until receiving the texts threatening her at which time she was obligated to report the problem.
"Dr. Fenton advised that through her contact with James Holmes she was reporting, per her requirement, his danger to the public due to homicidal statements he had made. Additionally, Dr. Fenton was advising that she had been treating Holmes, and that Holmes had stopped seeing her and had begun threatening her via text messages."
http://www.slate.com/articles/news_...es_holmes_psychiatrist_warned_university.html
And if the affidavits are correct, information about Holmes’ homicidal statements and danger to the public were deemed sufficient to trigger a warning to the university police, but not to the police who protect the rest of us. Why not?
This is the crux of the problem, I think. If I am reading the course of events correctly, we have multiple things going on that in hindsight look really terrible, but would not have looked the same at the time and projecting forward. The threat, as being reported, really wasn't to society at large, but to Dr. Fenton. Dr. Fenton didn't report to the police that Holmes was a danger to society per se, but to her, and only after threatened texts were sent to her after Holmes stopped seeing her. It isn't that the rest of us weren't being protected because that sort of society concern was not what triggered the call to police. With that said, it doesn't sound like the police did much to deal with the threat to Fenton, herself
So was protocol missed in protecting society? Maybe-maybe not from the "society" perspective. Police took a report from a mental health professional about a threat to her with supporting information that backed her concerns, but she, as the mental health professional didn't report that she thought society was at risk or indicated that mass murder was a concern. So we have warning signs, but not warning signs for what happened. Holmes didn't even act against Fenton...for which there were definite warning signs.
Maybe somebody else has found testimony that she reported that Holmes threatened mass murder, spree killing, or the like in the therapy sessions and that she reported this to the police, but I have not found such information thus far.