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James Holmes trial: Prosecutors want access to a notebook

James Holmes trial: Colorado prosecutors want access to a notebook that reportedly contains descriptions of an attack. The notebook was sent by James Holmes to a University of Colorado psychiatrist.

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Colorado shooting suspect James Eagan Holmes (L) sits with public defender Tamara Brady during his first court appearance in Aurora, Colorado, in July. Prosecutors are seeking access to a note book sent to a University of Colorado psychiatrist.

REUTERS/RJ Sangosti/Pool

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Prosecutors are expected to argue that they should get a notebook sent by the Colorado theater shooting suspect to a University of Colorado psychiatrist because it wasn't meant for therapy.

Prosecutors are to present their arguments and witnesses at a hearing Thursday in the James Holmes case.

Prosecutors suffered a setback Aug. 30 in obtaining the notebook that reportedly contains descriptions of an attack. A judge ruled that prosecutors could not disprove a doctor-patient relationship between Holmes and Dr. Lynne Fenton.

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Holmes is charged with murder and attempted murder in the July 20 shooting that killed 12 and wounded 58 at an Aurora movie theater.

Prosecutors argued in court that the notebook wasn't meant for therapy because Holmes planned to be dead or in prison.

Prosecutors are also seeking to file 10 more counts against Holmes.

James Holmes already is charged with 142 counts including murder and attempted murder stemming from the shootings at an Aurora theater July 20.

A judge has issued a gag order limiting what information lawyers can publicly disclose in the case. However a court register of case actions indicated Wednesday that prosecutors are seeking to add 10 counts against Holmes and amend 17 others. It didn't disclose details.

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Copyright 2012 The Associated Press.

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