Colo. prosecutors give up on Holmes notebook

(CBS/AP) DENVER - 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 correspondent Barry Petersen reports prosecutors were worried the legal battle over the notebook could have delayed a trial for up to a year.

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.

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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.

CBS News correspondent Barry Petersen said the change in Holmes' appearance between the first court appearance and the most recent one is stunning. Because of a strict gag order surrounding the case, no one knows what brought about the dramatic change.

[rwsmith29456]

"Because of a strict gag order surrounding the case, no one knows what brought about the dramatic change." I'll bet his lawyer told him not to be so obvious when acting like he's crazy.

[willie48]

You recon Holmes is programable? Look at his eyes.

[fredm6900]

Interesting how people react, angrily, judging, to punish, wanting him dead even without a trial. BUT, nobody wants to inquire on how things like that happens to a fellow man, the causes, and whether something can be done to prevent such decay.

[marcie10000]

fred - nice post and I've been stalwart in wanting to know how James' decaying brain could go so unnoticed and so - thrown away. His behavior is clearly that of someone who created an alternate reality to cope with stress. There are two outstanding questions: whether James' bio parents had schizophrenia (he was adopted) and whether he was placed on psychotropics by Dr. Fenton.

[kbbpll]

There needs to be a medieval clause for people like this. Lock him in a hole and walk away.

[hypnotoad72]

Until seeing that latest mugshot, I thought nobody could look creepier than Tom "Liberator of Illegal Cuban Cigars" Delay...

[eroteme2]

Prosecuters should not need the notebook.

[samXXkiley]

coucou,
why prevent the acces to a piece that can move the investigation, knowing that Holmes has killed with cold blood, and he seems have no regrets.
"au revoir"

[CuriousServant]

SOrry, I disagree. I think the system we have in place, where people are tried by their peers, where the question of guilty is not predecided, is a good thing.

[eroteme2]

Does Holmes have any peers?

[gmcken]

peers simply means ordinary citizens instead of just a judge

[IKNOWNACOLA2]

Just execute him already. There is no doubt of his guilt and it doesn't matter what mental state he is in he is still a great danger to anyone around him. Why drag this out and spend over a million dollars.

[Think3Times]

Can't argue that being fair is expensive... but the long term damage of not being fair is more expensive than anyone can afford.

[hypnotoad72]

Think3Times' response makes a rather good point...

And, in some cases, the death penalty can incur higher costs. People can google that...

[marcie10000]

So the prosecution will not argue against the notion that James was still under the care of Dr. Fenton even though the University of Colorado asserts James was no longer a patient when the semester ended and James dropped out. Doesn't UCD dispute this? If James was taking medication prescribed by Dr. Fenton - is she still his doctor even if June 11 has passed but the prescription was still valid?