CENTENNIAL, Colo., Sept. 20 (UPI) -- Prosecutors said they won't fight for the notebook the Aurora, Colo., theater shooting suspect mailed to his psychiatrist before the July 20 killings.
In a hearing Thursday, prosecutors in the case against James Holmes said they likely would gain access to the notebook should the defendant enter a plea of not guilty by reason of insanity, The Denver Post reported.
Holmes, 24, is accused of killing 12 people and injuring at least 58 others during a screening of "The Dark Knight Rises" at the multiplex.
The judge hearing the case granted a prosecution request Thursday for 10 additional attempted first-degree murder charges, bringing the total number of charges against Holmes to 152 counts. Because the case is under seal, details of the new charges were not made public, the Post said.
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Prosecutors also filed a motion to amend 16 counts against Holmes of attempted murder and one count of sentence enhancement for allegedly committing a crime of violence, a court register of actions in the case indicated.
The register provides a shorthand summary of case activity. A judge has issued a gag order limiting information lawyers can say about the case.
Holmes' attorneys have argued the notebook Holmes mailed to his psychiatrist before the shootings was protected by doctor-patient privilege, the Post reported. However, prosecutors had said Holmes wasn't a patient of Dr. Lynne Fenton when he mailed the notebook to her office, so the privilege no longer applied.
The hearing Thursday included arguments on whether to unseal the case, with prosecutors saying they would agree -- but only if arrest and search warrant affidavits and certain motions could remain under seal, the newspaper said.
Defense lawyers said the case should remain under seal at least until a preliminary hearing, currently scheduled for November, and Colorado University attorneys argued to keep the case under seal.
A hearing has been scheduled for Oct. 11, at which time attorneys are to discuss whether they will be able to proceed to the preliminary hearing.
