Aurora movie theater shooting day 47: Defense to show video of James Holmes in custody

Day 47 in the Aurora movie theater shooting trial – People vs. James Eagan Holmes. Today, the defense plans to show video of Holmes in custody. During the course of the trial, prosecutors will argue that Holmes, the admitted gunman, was sane when he went into the midnight premiere of the Dark Knight Rises in an Aurora, Colorado, movie theater and opened fire on the audience, killing 12 and wounding 70. His defense attorneys will try to spare Holmes’ life by arguing that he was insane. 7NEWS and TheDenverChannel.com will have gavel to gavel coverage of the trial starting at 8:15 a.m. (MST) everyday and ending around 5:30 p.m. (MST) Watch new live video on our YouTube channel: http://www.youtube.com/user/7NewsDenver/live Additional resources:LIVE VIDEO & BLOG: http://bit.ly/theatertrialTIMELINE of the case: http://bit.ly/theatertimelineJURY PROFILE: http://bit.ly/theaterjury CONTINUING COVERAGE: http://bit.ly/theatercoverage

3rd & 7 37yd

The Colorado Supreme Court has ruled that insanity pleas are "in the nature of confession and avoidance." But they are not outright admissions of culpability. State law says, "The plea of not guilty by reason of insanity includes the plea of not guilty." That means juries must decide both whether the defendant committed the crime and whether mental illness excuses the defendant from guilt — similar to how juries decide self-defense homicide cases.

Defendants found not guilty by reason of insanity are committed to a state psychiatric facility until they can show at a hearing that they no longer have "a mental condition which would be likely to cause him or her to be dangerous either to himself or herself or to others or to the community in the reasonably foreseeable future," according to state law.

by LG 7/10/2015 8:09:19 PM
@Nadine--I believe that a straight "not guilty" verdict is theoretically possible on every charge, which is why the PT took great pains to link every bit of physical evidence in the case to the actual shooter. The PT pointed out several times that they would not accept any stipulations about evidence from the defense because the "not guilty" plea, for any reason, placed the burden of proof of the crimes onto the prosecution.

by flip 7/10/2015 8:09:26 PM
But, this trial is about sanity.

by Tammy Garrison 7/10/2015 8:09:28 PM
he is not walking either way folks

by NT8 7/10/2015 8:09:30 PM
@PA An insanity plea is just short of an admission; the Colorado Supreme Court has ruled such pleas are "in the nature of confession and avoidance."

by LG 7/10/2015 8:09:33 PM
Spengler giggling with Holmes. Ugh!

by flip 7/10/2015 8:09:34 PM
So, if he's found NOT GUILTY, he walks? Or he goes to a mental hospital?

Found GUILTY BY REASON OF INSANITY, he goes to a mental hospital?

Even if he's found GUILTY and get the Death Penalty, we, as bleeding heart liberal Coloradans, will never put him down. Of course, maybe that depends on who's governor then. Might be Brauchler.

by Nadine 7/10/2015 8:09:48 PM
Once they do come to a verdict, it will take a while to read the verdict on each charge. 142 of them will have to be addressed one at a time.

by vt 7/10/2015 8:09:50 PM
@Nadine: NG = he walks. NGRI = indeterminate stay at a mental hospital

by flip 7/10/2015 8:13:02 PM
@Nadine, They have already admitted that he was the shooter. so it comes down to sane or insane. and the penalty phase follows.

by NT8 7/10/2015 8:13:07 PM
I didn't think plain NG was an option since the DT has said many times he admits he was the shooter. Its guilty or NGRI he's not in a position to "walk" but I may be dead wrong

by JG 7/10/2015 8:13:10 PM
Jury has 3 options for each count: Not guilty, not guilty by reason of insanity or guilty of the crime or a lesser charge.

by anica.padilla 7/10/2015 8:19:39 PM
JG, that is how I understood this trial. Because he admitted guilt, which is why they are able to call him the gunman instead of the alleged gunman.

by Tammy Garrison 7/10/2015 8:19:44 PM
@LG, intellectually I do not disagree with your assessment BUT...if you listened to what was just discussed the Jury Verdict sheet says, essentially...if you found the Defendant NG did you do so SOLELY by reason of the defense of insanity Yes or No...that's what they said and it clearly implies he can be found NG period. Click back and listen to the discussion if you don't agree that's what they said.

by PA Watcher 7/10/2015 8:19:52 PM
Could someone help me understand how Life Without Possibility of Parole could happen in this situation?

by Clancy 7/10/2015 8:19:54 PM
@flip, that is exactly the point I was making weeks ago and everyone (not you) jumped on me...apparently, according to this discussion, it is theoretically possible for him to be found flat out Not Guilty.

by PA Watcher 7/10/2015 8:19:57 PM
@NT8--Actually, much of the discussion going on right now in the courtroom speaks directly to this issue. The prosecution has repeatedly refused to accept any stipulation from the defense that "he did it", because they knew they need to actually prove the case that "he did it". If they had been sloppy concerning the technical proofs that Holmes did all of the crime, the defense could have very plausibly asked for a mistrial, at the very least.

by flip 7/10/2015 8:20:01 PM
Nelson said it again...NOT GUILTY, NGBRI OR GUILTY...NG flat out is an option

by PA Watcher 7/10/2015 8:20:03 PM
Mixed verdicts possible... he could be found guilty of explosives charges and serve jail time for those charges - but NGBRI on murder charges and then go to a mental hospital.

by anica.padilla 7/10/2015 8:23:36 PM
@Clancy...if he is found Guilty but the jury hangs on the DP...he is automatically sentenced to LWOP

by PA Watcher 7/10/2015 8:23:37 PM
@PA Since they have already admitted he was the shooter... NG I don't think will even be a thought in the jury's process... Nelson even said they know that they know he is guilty

by LG 7/10/2015 8:23:38 PM
OK ya'll I apologize NG flat out is on the table. Just was going by the opening statements. Not gonna happen.

by NT8 7/10/2015 8:23:44 PM
@PA Watcher--Thanks, I do remember your discussion of that point very well. Which is part of the reason that I've suspected all along that you have some legal training... :)

by flip 7/10/2015 8:23:47 PM
But after all the evidence that has been proved, no way would he get NG

by happy 7/10/2015 8:23:48 PM
I really dont think any reasonable jury would find him NG. I think the reasonable options are G and NGBRI. Legally, all 3 are options. Reasonably.... not so much. imho.

by colo 7/10/2015 8:23:51 PM
Really Nelson does she think this jury is not a Smart one... they proved in my book by their questions they are and are on the ball 100%!!

by LG 7/10/2015 8:28:15 PM
Great discussion points, thanks for continuing to help tease this out.

by Mr.D. 7/10/2015 8:28:17 PM
Look, I am hoping this does not sound cranky, but you are all missing the point...he can be found Not Guilty if they find the PT failed to prove an element of the offense...for instance, if the jury finds the PT did not show the guns found at the scene were his...this is the point I was making weeks ago

by PA Watcher edited by anica.padilla 7/10/2015 8:28:43 PM
@flip...LOL...maybe...maybe

by PA Watcher 7/10/2015 8:28:45 PM
Every time Nelson says "right to a fair and reasonable trial" I can't help but think what about the rights of those killed and hurt by JH.

by Suzanne 7/10/2015 8:28:51 PM
Nelson is pissed off at Orman--scowling at him.

by flip 7/10/2015 8:29:49 PM
Nelson wants the forms to fit her case... that not right!!

by LG 7/10/2015 8:29:50 PM
@colo...I agree the likelihood is about as much as me watching the verdict from Mars but I am old enough to know not to discount the possibility of anything including that there is a God and that I may get to Mars this month :)

by PA Watcher 7/10/2015 8:31:25 PM
I think the problem with the wording or linstructions is if the defendant is NGBRI - he first needs to be found NG... Sort of confusing! The count thing is a challenge too - the jury will need to assess each and every individual count.

by Edy 7/10/2015 8:31:34 PM
How can JH be found NGBRI on one charge and G on others? Is this a Colorado law issue?

by Aim M 7/10/2015 8:31:38 PM
@suzanne, Amazing how this country has to ensure, and protect the rights of someone who clearly didnt give a d@%$ about the rights of others

by JG 7/10/2015 8:31:45 PM
Pretty much the Judge explains it now, NG is off the table folks.

by NT8 7/10/2015 8:31:49 PM
- Quote
Judge disagrees with Ms. Nelson's assertion that the verdict forms are too complicated and confusing.
"That doesn't work... I'm not bound by other trial court judges."
Part A of form will ask only about guilty versus not guilty (includes by reason of insanity.)

by anica.padilla 7/10/2015 8:34:34 PM
that's what was confusing for me at first when I started watching this trial,,, the sanity/insanity laws,,,, not the same in all states, and I don't live in colorado

by shuffie 7/10/2015 8:34:36 PM
No, NT8---you're missing the point of the discussion. A straight "not guilty" verdict on all counts is still theoretically possible. That possibility will not be off the table until the jury renders its actual verdict.. Likely? Nope. But still possible.

by flip 7/10/2015 8:34:42 PM
NT8...NG is not off the table...if JH is found Guilty of ANY charge then the reasons for a NG finding are immaterial...BUT if he is found NG then they must say if he is NGBRI or NG because the PT failed to prove its case.

by PA Watcher 7/10/2015 8:34:44 PM
i was gone for 1/2 hour, now im confused...??

by @anica can you post the... 7/10/2015 8:34:46 PM
Judge will not restructure jury verdict form.

by anica.padilla 7/10/2015 8:36:12 PM
@anica- would you please post the judge's clarification if you can?

by Mr.D. 7/10/2015 8:36:18 PM
@PA did you not hear what the judge just went thru?

by NT8 7/10/2015 8:36:19 PM