Centennial , Colorado ( CNN ) -- A shackled James Holmes , his hair still dyed red , heard prosecutors say Thursday he made threats at the University of Colorado a month before he allegedly opened fire at a Denver-area movie theater . Prosecutors , without stating the source of their information , also said Holmes , 24 , failed to pass oral exams and chose to severe his relationship with the school , where he had been a Ph.D. candidate studying neuroscience . Holmes withdrew from the program in June , weeks before the shooting in Aurora . Prosecutors said the threats by Holmes were reported to campus police . Colorado shooting suspect 's writings offer insight as student , aspiring scientist . The statements came as defense attorneys and prosecutors wrangled Thursday over access to records and documents . The main issue was whether the prosecution should receive non-medical documents from the university . These would include admissions forms , grades and transcripts . Victims and family members sat on one side of the courtroom . One woman was visibly shaking while another teary-eyed woman was comforted by a companion . Dark roots were visible in Holmes ' hair ; he now has a mustache and large muttonchop sideburns . While he appeared more lucid than his first appearance , Holmes still had a wide-eyed look . He did not speak at the hearing . Holmes is accused of opening fire July 20 during a midnight premiere of the latest Batman movie , leaving 12 dead and injuring 58 others . He has been charged with murder and attempted murder , and faces two weapons charges . The defense argued that the prosecution 's request for records was too broad . Public defender Dan King called the request `` nothing more than a fishing expedition '' and said matters pertaining to his client 's personal life were not relevant . King also asserted that the state likely has seen school documents . The judge did not issue an immediate ruling . Judge orders key records sealed , others released in theater rampage . The University of Colorado earlier this month said it hired a former U.S. attorney to conduct an independent review into how the school handled Holmes . A court document revealed that Holmes was a patient of CU psychiatrist Lynne Fenton before the killings . She was so concerned about his behavior that she mentioned it to her colleagues , saying he could potentially be a danger to others , CNN affiliate KMGH reported earlier this month , citing sources with knowledge of the investigation . Fenton 's concerns surfaced in early June , sources told the Denver station . They told KMGH that Fenton contacted several members of a `` behavioral evaluation and threat assessment '' team to say Holmes could potentially be a danger to others , the station reported . The `` BETA '' team consists of `` key '' staff members from various university departments who have specific expertise in dealing with assessing potential threats on campus , the school says on its website . `` Fenton made initial phone calls about engaging the BETA team '' in `` the first 10 days '' of June but it `` never came together '' because in the period Fenton was having conversations with team members , Holmes began the process of dropping out of school , a source told KMGH . University of Colorado to review how it handled shooting suspect .
James Holmes , 24 , is accused of killing 12 at a movie theater . Prosecutors , defense fight over evidence , records . Victims , defense attend the trial .