Prosecutors are expected to argue that they should get a notebook sent by the Colorado theater shooting suspect to a university psychiatrist because it wasn’t meant for therapy.

Prosecutors are to present their arguments and witnesses at a hearing Thursday in the James Holmes case.

Prosecutors suffered a setback Aug. 30 in obtaining the notebook that reportedly contains descriptions of an attack. A judge ruled that prosecutors could not disprove a doctor-patient relationship between Holmes and Dr. Lynne Fenton.

Holmes is charged with murder and attempted murder in the July 20 shooting that killed 12 and wounded 58 at an Aurora movie theater.

Prosecutors argued in court that the notebook wasn’t meant for therapy because Holmes planned to be dead or in prison.