Aurora movie theater shooting day 52: Preparations for sentencing phase

Day 52 in the Aurora movie theater shooting trial – People vs. James Eagan Holmes. The jury found Holmes 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. Prosecutors are seeking the death penalty. 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

Court will resume at 8:40 a.m. Wednesday with the jury in court for phase 1 of the sentencing hearing.

by anica.padilla 7/21/2015 6:04:49 PM

3rd & 7 37yd

Can anyone tell me the order in which this sentencing phase is going down? In essence, what happens on Wednesday? I understand the jury will be back in court. I'm very interested in hearing Brauchler again. Thank you much.

by Nadine 7/21/2015 2:42:33 PM
@Nadine Here is a very informative article Phil Tenser wrote on the sentencing phase -
After the guilty verdict: What happens next in theater shooting case: bit.ly

by anica.padilla 7/21/2015 2:44:00 PM
What is on the schedule for today? What time does the feed start? Thanks.

by ms 7/21/2015 2:50:17 PM
Aurora theater shooting survivor who lost daughter, unborn child will speak at memorial
7NEWSMonday night, family, friends and survivors honored the people killed at prayer vigils across the area.

by anica.padilla 7/21/2015 2:52:20 PM
Hello everyone :)

by Loz 7/21/2015 2:52:32 PM
Thanks, Anica! I should probably get some work done then.

by Kels 7/21/2015 3:07:30 PM
@kels. I can relate to that. I get much more done on the days the trial isn't on. lol A friend asked why I watch this. I find it compelling, and this is what separates us from other countries...we can watch the justice system work.

by ms 7/21/2015 3:21:46 PM
@ms, same here! People I talk to think I'm obsessed with this (which I probably am to some degree) and they wonder why I watch it. I mean come on guys, how often is a capital punishment trial televised live that's happening where you live? It's figuring out what goes on in those courtrooms; people think lawyers are scumbags and lazy, but this is not easy work. My boyfriend is in law school at CU here in Boulder and he likes to joke that I now know more about evidence than he does! Compelling is a perfect word for it...

by Kels 7/21/2015 4:11:31 PM
That is 12:30 pm eastern daylight .....for east coast.

by CaGirlsLife 7/21/2015 4:11:32 PM
Hello everyone. I'm new to the commenting here. Been watching though. I have been watching the trial from the start. What do you think JH is going to do on Wednesday? Since he was reading and looking at document yesterday. I'm thinking a rock tomorrow

by Michelle 7/21/2015 4:11:36 PM
Aurora movie theater shooting gunman James Holmes seems more attentive in court after guilty verdict
7NEWSAfter weeks of swiveling in his chair and staring in front of him, the gunman seemed more interested in his trial Monday.

by anica.padilla 7/21/2015 4:12:03 PM
Honestly I think all the hype about JH and being interested in his case now is stuff we didn't see before... during the trail he knew what was going to happen ahead of time each day as his legal time would keep him updated. Now that there is a verdict and they are going thru the paperwork for the sentencing information this new stuff in which he's team is having him follow along to save them time in having him read it afterwards and then if he has questions he can address them with his lawyers. If anyone's been to court and gone thru a trail this is normal when new stuff appears. I don't think he had a reason to look at paperwork during as it wasn't new information he didn't know about... imo

by LG 7/21/2015 4:22:19 PM
that deposition was almost nauseating to listen to.

by JG 7/21/2015 4:22:22 PM
'He's 'Jimmy' to me,' Aurora movie theater shooting gunman's 5th grade teacher recalls fondly
7NEWSKarrer was the gunman's 5th grade teacher in 1998-99.

by anica.padilla 7/21/2015 4:22:52 PM
All of this aside, this teacher is pretty amazing. Wish there were more like him.

by Marsha Laurienti 7/21/2015 4:29:23 PM
How so JG? I've been swamped with an audit here at my company missed it yesterday.

by Loz 7/21/2015 4:29:25 PM
I think the prosecution should have objected more to the use of the term Jimmy and James by the defense council. I heard her multiple times slip it in and felt it was very manipulating.

by bob 7/21/2015 4:29:29 PM
The way they're giggling and talking about little sweet Jimmy? That's what I've gathered during the last 5 minutes...

by Loz 7/21/2015 4:29:34 PM
Good Morning!
This was hard to listen to the first time and even harder to choke down the second time.......hard to humanize someone who has committed this heinous act. IMO

by TammyC 7/21/2015 4:29:42 PM
not sure what the jurors will feel about this reaching testimony -- JH was in 5th grade!

by mandi 7/21/2015 4:29:44 PM
The jury is not in court today.

by anica.padilla 7/21/2015 4:31:03 PM
Judge Carlos Samour says he sent out finalized versions of jury instructions for phase 1. He made some additions to address the defense team's concerns about merging the counts against the gunman. Judge Samour will notify jurors that the charges of first degree murder after deliberation and first degree murder with extreme indifference will be merged later.

by anica.padilla 7/21/2015 4:33:45 PM
@Loz, how they were humanizing him, his constant calling him "Jimmy," Higgs was repeatedly giggling with him, and despite the sustained objection, she continued to "accidentally slip and call him Jimmy or James. The race story was ridiculous as well

by JG 7/21/2015 4:37:41 PM
Orman's got funnies! Obviously didn't learn it from King.

by Loz 7/21/2015 4:37:44 PM
I hope they focus the camera soon. I know this has nothing to do with Channel 7, but whoever controls it usually catches it fairly quickly.

by Marsha Laurienti 7/21/2015 4:43:44 PM
Is it me or does Nelson always have something to say??

by Suzanne 7/21/2015 4:43:49 PM
Gotcha, thanks JG. I don't think I could have kept watching all of that...just that little bit made me feel a little icky.

by Loz 7/21/2015 4:43:50 PM
How can all the paperwork always be a violation? Everyday bit of instruction seams to have an issue... it's making me tired to keep hearing the same thing over and over!!! ahhhhhhhhhhhhhhh lol

by LG 7/21/2015 4:43:58 PM
omg look at all of the icons on teesh's desktop!!

by Loz 7/21/2015 4:52:36 PM
Nelson is always in APPEAL mode..tiresome

by Dennie Carp 7/21/2015 4:52:38 PM
I feel bad for the families of the victims to have to hear the teacher and Higgs gush over JH.

by Suzanne 7/21/2015 4:52:40 PM
Nelson argues..gets what she wants..then argues she doesn't want it..

by Dennie Carp 7/21/2015 4:52:44 PM
@Suzanne...I'm right with you. I noticed that about Nelson a long time ago as well. Always has something extra to say. (btw, teesh lowered her screen since I typed my last comment)

by Loz 7/21/2015 4:52:49 PM
We may not like it, but she is doing her job. They are defending a monster against a death penalty, in our justice system, he is afforded a defense. She's actually taking care of alot of his chances for successful appeal by covering all of this. It's aggravating, but she's doing her job. Her background is appeals so she knows her stuff.

by Marsha Laurienti 7/21/2015 4:52:55 PM
@Loz definitely don't watch it b/c it will be shown again tomorrow or at some point to the jury. I will be muting that portion. its a disgusting, insipid depiction of him being just a sweet innocent little boy. While yes, at that age that may have been true but this is not 1998

by JG 7/21/2015 4:53:06 PM
Can someone explain how the PT has to prove beyond a reasonable doubt during the penalty phase? Wasn't that proven when JH was found guilty during the original trial?

by Victoria 7/21/2015 4:53:09 PM
Miss Objection, ops sorry Miss Nelson is off again

by Aly 7/21/2015 4:53:11 PM
@Victoria The prosecution has to prove beyond a reasonable doubt that the crimes included at least one statutory aggravating factor. There are several such factors in Colorado, but these are the ones that might apply to this case:

- The defendant committed the offense in an especially heinous, cruel, or depraved manner
- In the commission of the offense, the defendant knowingly created a grave risk of death to another person in addition to the victim of the offense
- The defendant intentionally killed a child who has not yet attained twelve
- The defendant unlawfully and intentionally, knowingly, or with universal malice manifesting extreme indifference to the value of human life generally, killed two or more persons during the commission of the same criminal episode

More: bit.ly

by anica.padilla 7/21/2015 4:55:12 PM
Nelson is starting out pushy and frustrating! Take a chill Nelson. If this is too much for you, stop defending killers.

by Suzanne 7/21/2015 4:56:02 PM
Good morning everyone! Had the hardest time signing on, idk why.

by Kristle 7/21/2015 4:56:05 PM
Good morning Anica, everyone.

by MyraJ 7/21/2015 5:02:10 PM
@Anica- Thanks! Understand it better now. I find this whole process so interesting.

by Victoria 7/21/2015 5:02:11 PM
Sadly if he gets the DP we'll have at the minimum of 17-20 years of appeals in the future that will have to do with JH :(

by LG 7/21/2015 5:02:23 PM
I don't agree with the usage of "mercy" in anything to do with these proceedings. He sure as h@%# didnt show an iota of mercy for the victims of this

by JG 7/21/2015 5:02:27 PM

Aurora movie theater shooting day 52: Preparations for sentencing phase

Aurora theater shooting survivor who lost daughter, unborn child will speak at memorial

Aurora movie theater shooting gunman James Holmes seems more attentive in court after guilty verdict

'He's 'Jimmy' to me,' Aurora movie theater shooting gunman's 5th grade teacher recalls fondly