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AURORA, Colo. (KABC) -- Prosecutors are giving up their fight to examine a notebook sent by the Colorado shooting suspect to a university psychiatrist.
James Holmes appeared in court for the first time without his wild orangish-red hair. He had short brown hair and appeared more animated during the hearing than in the past.
Defense attorneys say Holmes is mentally ill and that the notebook, sent to Dr. Lynne Fenton, shouldn't be released because of doctor-patient privilege.
The district attorney said even if the judge allowed prosecutors to look at the contents of James Holmes' notebook, the ruling would likely have been appealed, and the D.A. doesn't want to delay the trial.
Also, if Holmes pursues an insanity defense, the suspect would have to waive privilege, and prosecutors would gain access to the notebook.