Colorado shooting suspect back in court, without red hair

CENTENNIAL, Colorado (AP) - For the first time with hair that's brown instead of a wild shade of red, the suspect in Colorado's movie theatre shooting that left 12 people dead appeared in court on Thursday as prosecutors gave up their fight to see a notebook he sent to a university psychiatrist, saying they did not want to delay proceedings.

Holmes appeared more animated during the hearing. He smiled and glanced around the courtroom, looking at his lawyers and reporters covering the hearing. He appeared to be moving his mouth but not actually talking.

Defence attorneys say Holmes is mentally ill and that the notebook, sent to Dr Lynne Fenton, should not be released because of doctor-patient privilege. Ms Fenton last saw Holmes professionally on June 11 before seeing him again in court on Aug 30.

Prosecutors argued that the notebook and its contents are fair game. He planned to be dead or in prison after the shooting rampage at an opening night showing of The Dark Night Rises, they said, and had no plans to undergo therapy.