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Holmes notebook could come up in Tues. hearing

The judge in the deadly Colorado theater shootings says that if he accepts James Holmes’ plea of not guilty by reason of insanity next week, he’ll hear arguments about whether prosecutors can see a notebook that Holmes sent to a psychiatrist.

Judge Carlos Samour Jr. plans to consider on Tuesday whether to accept Holmes’ plea of not guilty by reason of insanity. Samour ruled Friday that if he accepts the plea, attorneys should be prepared to discuss access to the notebook.

Media reports citing anonymous sources have said the notebook contains drawings depicting violence.

If Samour accepts the insanity plea, prosecutors are certain to argue that state law entitles them to see it. Holmes’ attorneys contend the notebook is protected by doctor-patient privilege.

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