Sealed envelope related to James Holmes' infamous notebook given to judge

Judge also upholds law on 'indifference' murder

CENTENNIAL, Colo. - Lawyers for Colorado theater shooting suspect James Holmes have given the judge a sealed envelope that might contain the notebook Holmes sent a psychiatrist.

Records released Friday don't reveal what's in the envelope but say it relates to a debate over whether a reporter should have to disclose who told her what the notebook contains.

The envelope was submitted Wednesday, the deadline for defense lawyers to submit the notebook if they wanted the judge to review it in private.

Holmes pleaded not guilty by reason of insanity to charges of killing 12 and injuring 70 in July 2012.

The notebook is involved in skirmishes over who should see it, whether it can be admitted as evidence and whether the reporter should be forced to reveal who discussed the notebook with her.

Also Friday District Judge Carlos Samour rejected a request by defense lawyers to overturn the law making it a crime to commit murder with extreme indifference.

Holmes' attorneys argued the extreme indifference statute is vague and, therefore, unconstitutional. The judge disagreed.

His trial is scheduled to begin in February.

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