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
Okay, let me try it this way...let's assume the PT proved that Holmes was sane...that is only one element of the offense...now they have to prove he went into the theater and shot 90 people...how do we prove that...we show he drove there, that he dressed in his costume, that he entered the theater and pulled the trigger...now for whatever reason, let's assume that the PT did not prove that the guns used in the theater were the ones Holmes bought in May, June and July 2012...he is LEGALLY NOT GUILTY. Now reverse it...change to the PT failed to prove sanity so he is legally insane...but the PT failed to prove he owned the guns...he is still NG and walks...think of NGBRI as an umbrella insurance policy that comes into play if he did everything they said he did...hope that is clearer than mud.
by PA Watcher7/10/2015 9:05:20 PM
as far as I am concerned the detail planning is proof he was not insane....but for me the telling sign of his state of mind is when he took the vicaden (sp) for pain that he might endure if he was shot.that to me is very present state of mind....looking out for #1 that is of right mind....hope the jury doesn't overlook such a small piece of evidence.
by A.L.7/10/2015 9:05:23 PM
im glad they got let out early phew
by yolo7/10/2015 9:06:13 PM
@Rob...weren't you the one that told me to give it up LOL
by PA Watcher7/10/2015 9:06:18 PM
@ PA the bait looked so tempting.
by Rob7/10/2015 9:08:58 PM
There are a lot of comments about appellate attorneys. The defendant is entitled to an attorney through the state; however, a private attorney could provide a defense pro bono, if they so choose and are accepted by the defendant.
by BernerMom7/10/2015 9:08:59 PM
This defense attorney is nuts with her requests. She's asking things that aren't allowed within the laws of the State or Country. Does she really think these requests would fly?
by Marsha Laurienti7/10/2015 9:26:48 PM
@Me...we are a Constitutional Republic and States are free to have whatever legal system they want so long as the meet, at least, the dictates of the US Constitution...
by PA Watcher7/10/2015 9:26:52 PM
@Tammy--you may be right, although I do think he deserves a death penalty for what he did. If he gets life without parole, to be served in a state prison, that might considerably shorten his miserable life anyway. Not exactly the same circs, but remember what happened to Jeffrey Dahmer in prison? Beaten to death by another lifer who, ironically, also appeared to believe he would increase his self-worth by snuffing Dahmer.
by flip7/10/2015 9:26:58 PM
@Rob...believe me, I completely get it :) LOL
by PA Watcher7/10/2015 9:27:07 PM
Assume is not a word I use as we all know where it can get it... "Trouble" ... lol I honestly don't understand why ppl are even saying that this jury will go with the NG choice... EVERYONE knows he did it... he's lawyers have said he did it... the Police officer's arrested him with the guns that they have proved he bought along with all the bomb making stuff... the Dr's. on both sides have testified he did it and tried to find out why he did it.... Okay I'm done ~ ahhhhh
by LG7/10/2015 9:27:26 PM
@d7 if the jury has questions once they go to deliberate, will we hear about those?
by blue7/10/2015 9:27:32 PM
Exactly....at the time of the commission of the act....of which none of the evidence presented by defense had anything to do with the time of the act.
by Marsha Laurienti7/10/2015 9:27:35 PM
i thought we weren't attacking other people in here anymore...
by blue7/10/2015 9:27:40 PM
This trial was a piece of cake compared to the Arias trial, haha
by @Me7/10/2015 9:27:46 PM
Download the 7NEWS app to get breaking news alerts about the trial! Apple: apple.co Android: bit.ly
IMO He is going down down down in a burning ring of fire! The End!
by Sparky7/10/2015 9:33:05 PM
Prosecutors do not want jury instructions to say that the gunman has delusional beliefs, but that the gunman asserts he has delusional beliefs.
by anica.padilla7/10/2015 9:37:11 PM
Orman is get a little hot under the collar...
by LG7/10/2015 9:37:19 PM
Wow! I missed most of today and can't believe how hard it is to write up Jury Instructions . . . I had NO IDEA about part of the process!!
by Just Thinkin7/10/2015 9:37:22 PM
@LG--I'll go out on a limb and assert there is not a single person writing in this blog who thinks Holmes will get a "not guilty" verdict (or deserves one). No one has said they believe that the extremely remote possibility of a "not guilty" verdict will come true. But, some folks here simply don't understand the basic law they've been hearing-- the jury can, in theory, find this (or any) defendant "not guilty" of the crimes he has been charged with. They can. It doesn't matter whether the DT says "he did it". The jury renders the verdict, not the defense, not the judge, not the prosecution. "Not Guilty" is an option on the verdict forms. Let's hope the jurors can read!
by flip7/10/2015 9:39:00 PM
He who has many names, grasshopper! ;)
by Sparky7/10/2015 9:39:46 PM
It appears the DT is still trying to argue the case in their proposed jury instructions - I can't imagine a good reason to deviate this much from model instructions is necessary. Right now she's trying to suggest the DT experts opinion is fact - did she forget that the jury can dismiss all if it if they choose?
by Edy7/10/2015 9:53:26 PM
Nelson bobbing and weaving, trying to get every potential foothold.
by flip7/10/2015 9:53:29 PM
IMO the earlier references to Not Guilty is because it WAS stated (go back and review it at the start after the jury was excused and the Judge adjourned till after lunch). I was even confused but they said 'Not Guilty' as an abbreviated version of NGRI. Instead of repeating it over and over it was abbreviated as they were arguing their points. I'm sure if I'm wrong someone will let me know ;)
by Kristle7/10/2015 9:53:57 PM
@flip I'm aware of everything you said but I read some of the comments different then you it appears but thanks for the lecture appreciate it!!
by LG7/10/2015 9:53:59 PM
What kind of accent does the judge have?
by @Me7/10/2015 9:54:00 PM
Judge is sounding tired
by Just Thinkin7/10/2015 9:54:02 PM
Now they want to use effective counsel!
by Sparky7/10/2015 9:54:04 PM
@Sparky... haha Nice!!
by LG7/10/2015 9:54:06 PM
had to step away - from a few minutes ago - how is a theory of defense statement different from a closing statement? I might have to watch video later to get my answer...
by ad hoc7/10/2015 10:07:42 PM
Nope, sorry, El Salvador
by PA Watcher7/10/2015 10:07:45 PM
Blab, blab, blab, blab...................I'm tired of hearing about the defendants rights.
by Suzanne7/10/2015 10:07:52 PM
I really want to know how or why didn't someone pay attention to all the red flags over the many years JH has been having issues from mental problems and get him some help? None of this would have ever happened.
So if that jury finds him NGBRI, then he will finally get the help he needs for his mental illness? A bit too late if you ask me. 70 injuries and 12 dead too late. =/
by @Me7/10/2015 10:08:01 PM
by PA Watcher7/10/2015 10:08:03 PM
@Me I believe the Judge was born in Ecaudor
by PA Watcher7/10/2015 10:08:05 PM
@Me - I believe the Judge is from El Salvador.
by SMH7/10/2015 10:08:06 PM
I think someone mentioned the Judge was from Holland.
by Kristle7/10/2015 10:08:13 PM
@Kristie 2 hours ago Not guilty, not guilty by reason of insanity or guilty of the crime or a lesser charge. 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. anica.padilla :)
by LG7/10/2015 10:08:21 PM
Can't the court explain the purpose of witnesses and the whole purpose of the sentencing hearing rather than allowing the defense present a biased instruction? Isn't that the role of the judge? And he's been doing a great job explaining everything! And BTW - DT get your witnesses ready - this unavailable thing for the back half of July is your problem to fix.
by Edy7/10/2015 10:08:24 PM
7news thank you and have a good night
by naturegurl7/10/2015 10:08:25 PM
We will live stream Monday's court proceedings.
by anica.padilla7/10/2015 10:10:00 PM
Holmes had a big grin for Spengler at the end of the proceedings today.
by flip7/10/2015 10:10:03 PM
Thank you Anica, Phil, Marshall & Channel 7... have a fantastic weekend... hope you all get some much needed rest!!