Prosecution Gives Up Fight For James Holmes' Notebook

7:15 AM, Sep 21, 2012   |    comments
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Written By: Anastasiya Bolton & Raquel Villanueva, KUSA

CENTENNIAL, CO - The prosecution has temporarily given up the fight for the notebook that Aurora theater shooting suspect James Holmes sent to his psychiatrist before the mass shooting.

According to 9NEWS legal analyst Scott Robinson, the prosecution most likely made the decision in court Thursday to ensure the case is not delayed due to appeals.

In an effort to keep the case moving, the prosecution has agreed not to look at the notebook of James Holmes until there is a not guilty plea by reason of insanity in entered in court. If the plea is entered, the notebook would have to be viewed by the prosecution to decide if it meets the burden of proof for an insanity defense.

The prosecution also agreed to let the defense view the contents of the notebook - while wearing surgical masks and gloves - on butcher paper to make sure it is preserved for future forensic testing.

During the hearing, the prosecution asked the judge to allow for more DNA samples along with fingerprints from Holmes. According to the prosecution, there is a palm print on the exit door of the theater they want to match.

The hearing Thursday was a continuation of a nearly four-hour match from Aug. 30 when the notebook Holmes sent to his University of Colorado therapist was discussed.

On Aug. 30, Dr. Fenton testified in court - saying she believed her doctor-patient relationship with Holmes was over on June 11, 2012. That was the last time she saw him for an appointment. The nature of that meeting or what was said was not discussed in court, because the defense said that was privileged information.

During that same hearing in August, Dr. Fenton told the court that on July 19 - when the U.S. Postal Service determined Holmes sent the package - she did not believe she had a doctor-patient relationship with Holmes. She told the court she would not have opened the package had she actually received it.

Dr. Fenton was notified about the package addressed to her from Holmes, but law enforcement got a hold of it before she ever received the package the week after the Friday, July 20 shooting, according to court testimony.

Much of the information the judge wanted to know was considered privileged by the defense team. Due to that limitation, the judge did not make a ruling in August.

Also Thursday, The judge handing the James Holmes case has granted the prosecution's motion to add ten more charges and amend 16 other already existing counts. Ten charges of criminal attempt to commit murder in the first degree have been added, bringing the total count of charges from 142 to 152.

The 16 other amended counts appear to have been amended to correct victims' names. The names have been redacted in the motion granting the amending charges. It's unclear why ten more charges were added to the case. Police and prosecutors will not say why because of the gag order in the case.

Holmes is accused of killing 12 people and injuring 58 others in a Century 16 movie theater on July 20.

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