CENTENNIAL, Colo. (AP) — For the first time with hair that's brown instead of a wild shade of orangish-red, the suspect in Colorado's movie theater shooting appeared in court Thursday as prosecutors gave up their fight to see a notebook he sent to a university psychiatrist, saying they didn't want to delay proceedings.
Holmes appeared more animated during the hearing. He smiled and glanced around the courtroom, looking at his lawyers and reporters covering the hearing. He appeared to be moving his mouth but not actually talking.
Defense attorneys say Holmes is mentally ill and that the notebook, sent to Dr. Lynne Fenton, shouldn't be released because of doctor-patient privilege. Fenton last saw Holmes professionally on June 11 before seeing him again in court on Aug. 30.
Prosecutors argued that the notebook and its contents are fair game. He planned to be dead or in prison after the shooting rampage at an opening night showing of "The Dark Night Rises," they said, and had no plans to undergo therapy.
But Deputy District Attorney Rich Orman said even if prosecutors convinced the judge the notebook isn't protected, defense attorneys would likely appeal the decision.
If Holmes' mental health becomes an issue in the case, Orman said Holmes would have to waive privilege and prosecutors likely would gain access to the notebook.
Holmes has been charged with 142 counts, including murder and attempted murder, stemming from the July 20 attack at an Aurora theater that killed 12 and wounded 58 others. Arapahoe County District Judge William B. Sylvester on Thursday approved prosecutors' request to add 10 additional charges and amend 17 others.
The hearing was cut short by the prosecution's decision not to seek the notebook. The lead police investigator and another detective had been expected to take the stand to help prosecutors make their case for why they should be able to see the notebook, which purportedly contains descriptions of a violent attack.
Last month, Orman said in court Aurora police major crimes detective Craig Appel would testify that Holmes bought a ticket at the theater, took a seat, then walked out of an emergency exit, propping the door open so he could come back and start shooting. Orman said that detective Tom Welton would testify that it was Holmes who posted profiles on Match.com and AdultFriendFinder.com before the shooting with the tagline, "Will you visit me in prison?"
In the days following the shooting, bloggers posted profiles reportedly found on those sites showing the same prison comment accompanied by a picture of a man with orange hair who resembled Holmes. In one posting under the screen name, Classic_Jim, favorite movies listed include the Jim Carrey cult classic "Dumb and Dumber," and "Star Wars, etc."
Holmes was a graduate student in the neuroscience program at the University of Colorado. Prosecutors said Holmes did poorly on a key exam and withdrew on June 10 while he was stockpiling guns, ammunition and body armor ahead of the shooting.
Holmes had also applied at graduate neuroscience programs at Iowa, University of Illinois, Texas A&M, Kansas, Michigan and Alabama.
Holmes was accepted at the University of Illinois, Urbana-Champaign with an offer of free tuition and $22,000 a year. But Iowa rejected him with a "Do NOT offer admission under any circumstances" notation.
University of Alabama at Birmingham also rejected him with one professor noting that "he may be extremely smart, but difficult to engage."
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This Week’s Celebrity Instagrams (10/15-10/21)
31 photos Launch gallery
1. Just a NY girl with BIG dreams....
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2. HAPPY CHILDREN=QUALITY PARENTING. We don't always see eye to eye on everything and that's normal. We're human beings. But we come together and do it right for what's important, the kids. We are not enemies, we are parents. And we are parents 1st. S/O to @monyettashaw for making Mason's bday memorable. S/O to @itscrystalsmith at home taking care of our other lil' Prince. ❤️❤️❤️ THIS IS WHAT CO-PARENTING LOOKS LIKE. #Blessed #Happy #AboveTheDrama #BiggerThanUs
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3. So happy to finally be able to share with you all that I’m the new Global Brand Ambassador for @Revlon! Follow my day on RevlonSnaps. Yay! Choose Love, Everybody! #RevlonXCiara #chooselove #ad
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4. Glam on point!!!@makeupbymotoko & @shaylinjoneshair #easybreezy @lifetimetv #beachesmovie #january2017 😘
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5. ✨True love ✨📸: @jessiemarrerophotography
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7. Today was not easy..but by the grace of God we all got through it. Words cannot express our gratitude for all of your Prayers, Positive thoughts and Support for us throughout the years. Tommy will be missed but most certainly never forgotten...And PLEASE don't ask "Where's Martin?.." he was there too...just not in this picture. Lol! God bless you all.. #LoveConquersAll #MartinShow
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9. West coast get ready for #RockyHorror. I will be live tweeting again. #letsdothetimewarpagain
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10. #THEKEYS pre order yours now ... Available everywhere #NOV22 #WeTheBest 🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑
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11. We about to ROCK at #KCABlackBall!! All for our life-changing effort to end 🌎 AIDS.
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12. Today's #SNAPJACK is brought to you by @yazzthegreatest 😂😂😂💋💋💋
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13. Damn girl you kinda old to be headed to the Go Go. You coming in at the age they leaving. LMAO
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14. Daddy daycare B-Boxin with @acewellstucker @shopraisingace
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15. #FBF Naviyd & URV "LIL MONSTERS"
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16. HAPPY BIRTHDAY TO ONE OF THE BIGGEST LEGENDS IN OUR HIPHOP HISTORY! @snoopdogg CONTINUED BLESSING AND LOVE FAMILY!!!!! REAL OG!
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17. Thank you for a beautiful night VSU! Let's do it again! #HOMECOMING
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18. Had a great time this morning with my familia Erica, Griff & Truth!!
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19. Check out my interview on @essence facebook live. #inmyownwords #nycpromo #day2
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20. #She💋 #tbt #TheCoveAtTheAtlantis #DawgPawsAndAll
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21. Bae #retailtherapy
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22. Why me and @coryhardrict got the same pose... and notee... new mouth #naked
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23. When my husband is my personal 'hype-man'! it kills me every time! 💜😂 #WHATNOW #lostfiles📷
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24. Diggy Simmons
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25. Hand full of @jacquieaiche 💙💎💍 @esnail_la 💅🏾
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26. SuperSoulers! You can watch my interview with Carl Lentz live from my Facebook page, tomorrow at 11a ET| 8a PT. #SuperSoulSunday
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27. 💋 .. When the friendship is easy like Sunday morning. ☀️
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28. Sunday mornings are the best........... hugs and cuddles with my angel
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29. #huggar16 #hellohuggars
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30. My gym is everywhere!.. #RnBMoney #TheGeneral 📸: @twelvepastseven
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31. Nothing I would rather be doing... Rocko setting up our movie, Romelō working on a puzzle & Laiyah singing and sharing all she's learning at school... I'm so grateful for the joy they've brought into my life ... Praying for peace , joy & love in the home of EVERY family ♥️ #HeadScarfPJSunday LOL 😂
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