CENTENNIAL, Colo. – For the first time donning hair that's brown instead of a wild shade of orangish-red, the suspect in Colorado's movie theater shooting appeared in court Thursday as prosecutors gave up their fight to see a notebook he sent to a university psychiatrist, saying they didn't 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.

Defense attorneys say Holmes is mentally ill and that the notebook, sent to Dr. Lynne Fenton, shouldn't be released because of doctor-patient privilege. Fenton last saw Holmes Aug. 30.