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Sep 20, 2012 1:21 PM by Kirsten Bennett

Prosecutors give up fight for Holmes' notebook

CENTENNIAL, Colo. (AP) - Prosecutors are giving up their fight to see a notebook sent to a psychiatrist by the man accused in the suburban Denver movie theater shooting.

Deputy District Attorney Rich Orman told a judge Thursday that even if prosecutors show that the notebook isn't protected by doctor-patient privilege, such a ruling would likely be appealed.

Orman said prosecutors don't want to delay proceedings for James Holmes, who's charged with killing 12 people and wounding 58 at an Aurora theater July 20.

If mental health becomes an issue, Orman said Holmes would have to waive privilege and prosecutors would gain access to the notebook.

Holmes appeared more animated during the hearing. His orange hair was gone, replaced with short brown hair. He smiled and glanced around, looking at his lawyers and reporters.

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