DA drops bid for James Holmes' notebook

CENTENNIAL, Colo. -- With short hair that's brown instead of a wild shade of orangish-red, the suspect in the movie theater shooting appeared in court yesterday as prosecutors gave up their fight to see a notebook he sent to a university psychiatrist, saying they didn't want to delay proceedings.

James Holmes appeared more animated during the hearing than he has in the past. He smiled and glanced around the courtroom, looking at his lawyers and reporters at the hearing. He appeared to be moving his mouth but not actually talking.

Defense attorneys say Holmes is mentally ill and that the notebook, sent to Dr. Lynne Fenton, shouldn't be released because of doctor-patient privilege.

Prosecutors have argued that the notebook and its contents are fair game. The former University of Colorado, Denver, graduate student planned to be dead or in prison after the shooting rampage at a midnight showing of "The Dark Knight Rises," they said, and he had no plans to undergo therapy.

"We still think we have good and compelling evidence that the notebook should not be privileged," Deputy District Attorney Rich Orman said, adding that because of possible delays, "we're not asking to look at it." If Holmes' mental health becomes an issue in the case, Orman said, the suspect would have to waive privilege and prosecutors likely would gain access to the notebook, which remains in the custody of the court.

Arapahoe County District Judge William B. Sylvester approved a procedure for Holmes' defense team to examine the notebook, which includes having a police officer present in the room.

Holmes has been charged with 142 counts, including murder and attempted murder, stemming from the July 20 attack at an Aurora theater that killed 12 and wounded 58 others. Sylvester on Thursday approved prosecutors' request to add 10 additional attempted murder charges and amend 17 others. -- AP