Holmes Called School 9 Minutes Before Shooting

Out of yesterday's Aurora massacre hearing: a big new detail and a big setback for Colorado prosecutors.

• The notebook: Prosecutors have been trying to get their hands on a notebook that James Holmes sent to Dr. Lynne Fenton that reportedly contains a graphic description of his massacre plans. But the judge ruled that prosecutors could not disprove a doctor-patient relationship between Holmes and Fenton. Now they need to try to prove that Holmes did not send the notebook to Fenton as part of his treatment; if he did, it would be protected, reports the AP.

• The prosecution's approach: One police official said the notebook could not have been part of his therapy because Holmes did not intend to be around. "He intended to be dead or in prison after this shooting," she said, noting that Holmes had posted the following on a dating site: "Will you visit me in prison?"
• The big detail: But Holmes' defense attorney said the official was making "many gigantic leaps" and that Holmes was clearly seeking help. Though Holmes had not met with Fenton since June 11, the defense attorney revealed that he telephoned a hospital switchboard that could reach the psychiatrist after business hours just nine minutes before the July 19 shooting.

(More James Holmes stories.)