If James Holmes' insanity plea is accepted, the court will discuss if his notebook is evidence

CENTENNIAL, Colo. - The package and notebook James Holmes sent to his psychologist have not been admitted as evidence in the theater shooting case so far, but that could change next week.

The package has been shielded from inspection under doctor-patient confidentiality, but the court's acceptance of a likely not guilty by reason of insanity plea from the accused movie theater shooter could have an impact on that protection.

The contents of the notebook were never revealed in any detail during court testimony.

"I was advised it contained pages, an unknown number of pages, with unknown writing," said Sgt. Matthew Fyles of the Aurora Police Department on April 1.

A FoxNews.com article on July 25 quoted anonymous law enforcement sources who said the notebook was full of details about how he was going to kill people. Holmes is now charged with fatally shooting 12 people and injuring 70 others in an Aurora movie theater, but the information in the FoxNews.com article has never been confirmed.

The journalist who wrote the story was subpoenaed in an attempt to reveal her sources. So far, it has been unsuccessful.

Holmes' lawyers tendered the not guilty by reason of insanity plea, but the court hasn't accepted it yet because related several legal issues were being argued. District Court Judge Carlos Samour has now ruled on all of the objections, but in doing so offered to delay a hearing that was scheduled for Friday and allow attorneys to review his ruling.

The defense team, who are working against a June 3 deadline for filing certain motions related to the case, requested the delay. The prosecution replied they had no objection, as long as the status of the notebook is discussed at the same time.

When the court reconvenes Tuesday morning, the judge will advise Holmes' and his team about the consequences of the insanity plea. If they move forward to enter the plea as expected, the judge has ordered the notebook will be discussed next.

"If the Court accepts the defendant's plea, the parties should be prepared to discuss the effect of that plea on any privilege related to that package," Samour wrote in an order issued Friday.

The defense objected to this plan, but was overruled.

Other documents posted Friday include:

-- A prosecution request for victims to be present at all stages of the trial.

-- A prosecution request that any expert witness for the defense be required to present the reasoning behind their opinions.

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