As I see it....the physciatrist did not fulfill her duty to report the guy with due diligence and I'm betting it's the physciatrist herself.
That's what the judge wants to know, too. Now that Holmes has pled insanity the notebook would not appear relevent. The defense claims whoever in LE told the reporter about the notebook should be open to impeachment because all deny telling her. But now that the plea is insanity, Holmes has admitted to the shooting, so that LE officer may never testify.
So, the privilege issue may never be reached.