TV Network ABC reported on Mar 7, 2013 that Judge Sylvester largely ruled against James Holmes' defense in their efforts to make certain parts of the insanity defense unconstitutional. The ruling was just released Friday morning. Judge Sylvester's ruling puts James Holmes in a catch 22 situation because the issues are not ripe and therefore can't be in conflict between his sixth amendment right to a fair trial and his fifth amendment right against self incrimination because they haven't happened yet. The ruling essentially means that if James Holmes is to be able to plead not guilty by reason of insanity, he must allow the prosecution's psychiatrist to interview him and take his chances.
James Holmes had tried any way he can so that he didn't have to talk to the prosecution about his first use of the adulterated tear gas can that was found in the back seat of his car. He has been open about the explosives and the shooting in the theater.
The prosecution doesn't need the notebook for a conviction of the attack on the theater. The prosecution already has ample evidence to get a conviction and the death penalty. Holmes was caught at the scene in body armor with guns he purchased still smoking in and near the theater.