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.
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.
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