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The future of the building remains unclear two months after the theater shooting that left 12 people dead and 58 others injured.

A Facebook survey conducted by the City of Aurora asked what should be done with the building.

The majority of those who responded to the survey said they support re-opening the theater, according to city spokesperson Kim Stewart.

Stewart says the city sent those results to the theater owner, Cinemark USA Inc in Plano, Texas. A Cinemark spokesperson tells 9NEWS the company has no comment at this time.

In a surprise move in Arapahoe County court Thursday, prosecutors gave up their fight to see Aurora theater shooting suspect James Holmes' notebook.

"Prosecutors are taking a gamble, but it's a good gamble," said 9NEWS Legal Analyst Scott Robinson.

Related Story:Prosecution gives up fight for the notebook

Robinson says the prosecution likely saved months of legal wrangling.

"Prosecutors have decided not to seek access to Holmes' notebook on their belief that they will ultimately get to see that notebook anyway," Robinson said.

Robinson says Colorado law would allow that to happen if the suspect pleads not guilty by reason of insanity, therefore waiving doctor patient privilege.

Defense attorneys blasted prosecutors for making what they call false statements, that the suspect was banned from the CU Anschutz campus for making threats.

"The lead defense attorney is saying that the prosecution needs to be sanctioned. They need to be punished in court," said 9Wants to Know Investigator Jeremy Jojola.

Jojola was inside the courtroom with shooting suspect James Holmes.

"When he first walked in, he didn't acknowledge anybody. I was watching his face. You could tell he had these wide eyed expressions every now and then as if he was quietly surprised," Jojola said.

A new booking photo of Holmes was released Thursday afternoon, showing the suspect with a similar wide-eyed expression.

Gone is the mop of red hair and mutton chops, replaced by a crew cut revealing his natural brown hair and short beard.

Early Thursday morning, the City of Aurora took down a temporary memorial near the theater.

Related Story:City collects theater shooting memorial items

Victims' families will still have access to the items that were removed from the memorial site.

Everything left at the site in the two months since the theater shooting was archived and sent to a warehouse.

Only a sign and a few fresh flowers sat on the site Thursday evening, which had been full of crosses, candles, and other items.

The white crosses are gone as well.

For two months they sat across from the theater, one for each of the 12 theater shooting victims.

Families must decide if they'll keep the crosses, or if they'll go into storage along with all the other items, which were collected and archived by volunteers from the Aurora History Museum.

All the wreaths and flowers are gone as well, recycled and used as mulch in city parks.

9NEWS asked about a permanent memorial for the theater shooting victims.

A city spokesperson says it will happen eventually, but "now is not the time."

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