DENVER (AP) — Prosecutors in the deadly Colorado theater shootings appear eager to see a notebook that defendant James Holmes sent to a psychiatrist before the attack.
In a motion Thursday, prosecutors said they didn't object to postponing an upcoming hearing if they can argue for access to the notebook on Tuesday, the new date for the hearing.
Media reports have said the notebook contains drawings depicting violence. The contents have never been publicly confirmed.
The defense has resisted allowing prosecutors to see the notebook, saying it's protected by doctor-patient privilege.
If Holmes pleads not guilty by reason of insanity — as his lawyers say he wants to do — prosecutors are certain to argue that state law entitles them to see the notebook.
Holmes is charged with killing 12 people in July.