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Prosecutors Give Up On Colorado Shooting Suspect’s Notebook

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James Holmes during his first appearance at the Arapahoe County Courthouse July 23, 2012 in Centennial, Colorado.  (Pool Photo by RJ Sangosti/The Denver Post)

James Holmes during his first appearance at the Arapahoe County Courthouse July 23, 2012 in Centennial, Colorado. (Pool Photo by RJ Sangosti/The Denver Post)

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(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 legal analyst Andrew Cohen reports the move does speed up the case. 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.

© 2012 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.

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