In court documents, Holmes' attorneys had suggested that they might enter a pleaof not guilty by reason ofinsanity for the shooting rampage at the theater that left 12 people dead and 58 injured on July 20, 2012.
"If he enters the not guilty by reason ofinsanityplea, he's going to be examined by state doctors and any statement he makes to those state doctors are given to the prosecution for potential use later, " Beller said.
The notebook Winter reported on could play a key role in determining Holmes' fate, especially if he changes his plea to not guilty by reason ofinsanity.
Holmes can still change his plea to not guilty by reason ofinsanity, and he can wait to do so until after prosecutors announce whether they will seek the death penalty.
Actually, he first claimed the killing was in self-defense (his father was 83), but later changed that plea to one of Red-Bull-induced temporary insanity.
The judge entered a not guilty plea on Holmes' behalf but said the defense could ask to change that to not guilty by reason ofinsanity if Holmes chooses.