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

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

Fenton last saw Holmes professionally on June 11 before seeing him again in court on Aug. 30.

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 special midnight showing of “The Dark Knight Rises,” they said, and he had no plans to undergo therapy.

But Deputy District Attorney Rich Orman said even if prosecutors convinced the judge the notebook isn’t protected, defense attorneys would likely appeal the decision.

“We still think we have good and compelling evidence that the notebook should not be privileged,” 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 purportedly contains descriptions of a violent attack.

“His notebook, his sketches, his drawings, everything should be made public so we can learn from it and prevent this from happening again,” said Greg Medek of Aurora, whose daughter Micayla, 23, died in the shooting. “He’s just putting on a show. I don’t think he’s crazy. He’s just evil.”

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.

 

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