KKTV - Theater Shooting - Headlines

Colo. Prosecutors Give Up On Holmes Notebook

Credit: CBS

Credit: CBS

Prosecutors are giving up their fight to see a notebook sent by the Colorado theater shooting suspect to a university psychiatrist.

Deputy District Attorney Rich Orman told a judge Thursday that even if prosecutors convince him the notebook isn't protected by doctor-patient privilege, that 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 movie theater July 20.

CBS News legal analyst Andrew Cohen reports the move does speed up the case. The fight over the notebook has always been a sidebar to the main story and what's written in it alone isn't going to determine how this case plays out. Prosecutors will still say the attack was premeditated. Defense attorneys will still say their client was and is mentally ill. Prosecutors reckon they'll eventually get to see the information anyway if the defense raises the issue of Holmes' mental state, either as part of an insanity defense or an incompetency defense.

If mental health becomes an issue, Orman said Holmes would have to waive any 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 the courtroom, looking at his lawyers and reporters.

KKTV firmly believes in freedom of speech for all and we are happy to provide this forum for the community to share opinions and facts. We ask that commenters keep it clean, keep it truthful, stay on topic and be responsible. Comments left here do not necessarily represent the viewpoint of KKTV 11 News.

If you believe that any of the comments on our site are inappropriate or offensive, please tell us by clicking “Report Abuse” and answering the questions that follow. We will review any reported comments promptly.

powered by Disqus
KKTV 520 E. Colorado Colorado Springs, CO 80903 Office: (719) 634-2844 Fax: (719) 632-0808 News Fax: (719) 634-3741
Gray Television, Inc. - Copyright © 2002-2014 - Designed by Gray Digital Media - Powered by Clickability 170483886