Colo. prosecutors seek access to James Holmes' notebook, add new charges

(CBS/AP) DENVER - Prosecutors are expected to argue that they should get a notebook sent by the Colorado theater shooting suspect to a university psychiatrist because it wasn't meant for therapy.

Pictures: The Colorado massacre suspect

Prosecutors are to present their arguments and witnesses at a hearing Thursday in the James Holmes case.

Prosecutors suffered a setback Aug. 30 in obtaining the notebook that reportedly contains descriptions of an attack. A judge ruled that prosecutors could not disprove a doctor-patient relationship between Holmes and Dr. Lynne Fenton.

Holmes is charged with murder and attempted murder in the July 20 shooting that killed 12 and wounded 58 at an Aurora movie theater. 

Prosecutors argued in court that the notebook wasn't meant for therapy because Holmes planned to be dead or in prison after the theater shooting.

According to the Denver Post, two police investigators who worked on the case will testify on Thursday. The paper reports that Detective Tom Welton will tell the court about Holmes' post on a dating site asking potential mates, "Will you visit me in prison?"

On Wednesday, prosecutors filed notice that they want to add 10 counts against Holmes and amend 17 others, but no details on the changes were made available due to a gag order in the case.