Washington, Sept 21 (ANI): James Holmes, who allegedly killed 12 people during the screening of 'The Dark Knight Rises' at a movie hall in Colorado three months ago, smiled and glanced around the courtroom, as a judge ruled that his notebook could not be used as evidence in the case.
Holmes has been charged with 142 counts, including murder and attempted murder, in the attack at a midnight screening of the latest Batman movie on June 20.
Fifty-eight people were injured in the shooting, as the gunman roamed through the darkened cinema hall.
According to the Daily Mirror, prosecutors have failed to access a notebook sent by Holmes to a university psychiatrist, which is said to be containing details of the violent attack.
But on August 30, a judge ruled that they could not disprove a doctor-patient relationship between Holmes and University of Colorado psychiatrist Lynne Fenton.
According to the report, the court in the latest hearing, ruled out that Holmes' notebook could be used as evidence.
Prosecutors had argued that the notebook is fair game because Holmes was not going to be undergoing therapy because he planned to be dead or in prison after the rampage.
But Deputy District Attorney Rich Orman told the judge that prosecutors do not want to delay proceedings.
Orman said if mental health becomes an issue Holmes will have to waive any doctor-patient privilege and prosecutors will gain access to the notebook. (ANI)