Judge Samour wants to give the jury clarifications for "conscienceless or pitiless or unnecessarily tortuous manner" when it comes to aggravating charges.
Public Defender Kristen Nelson says she is concerned that it may be prejudicial for the jury to feel they are sentencing the gunman for 24 counts instead of 12.
The terms "extreme indifference" and "grave risk of death" do not need to be defined, per Judge Samour.
Defense wants to add the word "intentionally" to the aggravating charge for killing a child under 12 years of age and killing two or more people.
Defense doesn't want the phases to be called the "guilt trial" and the "sentencing trial" - prefers "sentencing hearing."
Judge Samour agrees but says, "I was doing it for your benefit... At this point, I don't know what the concern would be."