Defense attorneys say the suspect in the Colorado movie theater shooting tried unsuccessfully to call a University of Colorado, Denver, psychiatrist nine minutes before the attack.
Defense attorney Tamara Brady said Thursday that James Holmes placed the call to an after-hours number.
Dr. Lynne Fenton testified Thursday that she last met with Holmes on June 11, more than a month before he mailed her a notebook prosecutors believe contains descriptions of a violent attack.
Fenton said she believed she had no relationship with James Homes on July 19, the day prosecutors say Holmes mailed the notebook.
Prosecutors asked the judge to let them review the notebook, while defense attorneys argued it's protected by doctor-patient privacy laws.
The judge ruled that an ongoing doctor-patient relationship did exist between Fenton and Holmes, but he scheduled a Sept. 20 to revisit whether prosecutors can use the notebook.