the doctor is being called is when the witnesses. we have been told that james holmes will be in court, as he has been for every hearing. the defense is trying to keep that notebook out of the hands of the prosecution, arguing that it should be considered privileged under doctor patient confidentiality. >> to look at the timing and use some common sense, is this doctor or patient type of communication. was it part of the doctor healing him in anyway. if you have the facts and what we know that he did on july 20, i think this is a good argument that this is not privileged doctor-patient privileges. jon: we are getting an idea of where the prosecution is headed with this case. reporter: that is right. we can give you a look at some of the evidence that has been gathered so far by the