Aurora movie theater shooting day 54: Prosecution hopes to move to next sentencing phase

Day 54 in the Aurora movie theater shooting trial – People vs. James Eagan Holmes. Today, prosecutors hope to move on to the second phase of the sentencing hearing. The jury found 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. 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

this replay with Ashley is so heartbreaking to watch...

by colo 7/23/2015 4:47:04 PM
@blue I think thats right... 400 or 401, i couldnt remember which they said and I'm not finding anyone else who repeated it on social media.

by colo 7/23/2015 4:47:22 PM
I completely understand why everyone hates me because I really really believe that there was absolutely no reason for that little girl to be in the movie theater. Yes, it was f-ing horrific what happened to her and everyone else, I'm not a monster, I have a 6 year old little girl and a 9 year old son but my husband and I get so angry every time we think about Veronica Moser because she should have never been there.

It's 2015, it's an unsafe place, we don't take our small children out anywhere after 8 PM, they should be at home in bed sleeping not at a midnight release of a violent movie where TONS of rowdy teenagers will be packed into a small room. We also can't believe she thought it was a Batman cartoon. The trailer for The Dark Knight Rises played every 5 minutes on every channel for 3 months before the movie was released in theaters. How could she NOT know what kind of movie it was? Even in the off chance she actually didn't know about the movie, why would you take your small child to a movie at midnight that you know nothing about?

I am NOT a JH supporter. I know you all think that because I can't stand Brachler and I don't believe in the DP. I especially do not believe it's right to kill mentally ill individuals. I do believe JH is mentally ill. He is 50 shades of f*cked up actually. I believe none of this would have ever happened had someone paid attention to all the red flags when he was a child, cutting his wrists, etc.. and got him the help he needed. I believe he was left to deal with his own madness. Look how good that turned out. Look what he did...

No one has to like me, you can call be a bible thumper, a troll, tell me to die in a fire, a bleeding hearted liberal and that's ok. As a parent...I DO NOT THINK Veronica Moser should have been anywhere but at home in her bed asleep the night of the shooting.

I don't think there is a place for James Holmes. I don't think it's right to kill anyone. That is god's job, not ours.(Save the comments about me thinking JH is god then because he killed), c'mon that's just silly) I do not believe he belongs in prison and it's too late for him to spend the rest of his life in a mental hospital getting the help he needed many many years ago. 12 dead and 70 others injured too late....

With that said. My heart does go out to everyone that was hurt or affected by this tragedy. I hope you can find peace no matter what the sentence is. I hope knowing he will never see the light of day again will be enough for you to learn forgiveness and not carry ugliness in your heart so you can move on and live your life in peace. Let go, trust me, I lost someone too.

by Despicable Me 7/23/2015 4:47:59 PM
I believe the legal expert said, there is no time limit or should we have expectations of time limits on the jury. I believe they will sort it out. There might be one or more jurors that needs much explanation to make this decision....again this is not something to be taken lightly...this jury has to live with this decision for the rest of their lives and they want to get it right.

by Ann Linn 7/23/2015 4:48:06 PM
Death penalty jurors always say the weight of the responsibility is overwhelming in the deliberation room. We should give them respect for taking time to do their job properly. It is very different process than having an opinion on a forum.

by Sophiamtn@gmail.com 7/23/2015 4:48:12 PM
Teamwork makes the Dream work! Nice Job Blue and Anica! And Phil.

by Tired 7/23/2015 4:48:51 PM
@Frank: thanks for writing out the 5 aggravating factors.

by Cindy L 7/23/2015 4:50:45 PM
This testimony sends chills right through me...

by Loz 7/23/2015 4:50:46 PM
@Despicable Me- I do agree with you that there was no reason why anyone under the age of 13 was in that movie theater. If the parents couldn't have found a sitter, they just shouldn't have gone to the movies. Truly my heart goes out to those who were killed and injured.

by Victoria 7/23/2015 4:57:43 PM
I agree, there shouldn't have been young kids at a midnight premier. I dont understand why Veronica was there.

by Kate 7/23/2015 4:57:46 PM
Geez @Despicable

by Kristle 7/23/2015 4:58:07 PM
@Soph-I did read your comment.'Thrice. I just don't think any of the legal parties expected this, & something was lost in translation. Otherwise mitigating witnesses with scheduling conflicts wouldn't have been expected to testify yesterday. I HOPE you're right & I'm 1000% off my rocker. I really do. But Orman was really fast, a bit confusing...the judge's instructions were soooo long (not his fault-'love him too)...I just have my doubts. This deliberating should have happened POST presentation of mitigating factors. This part was supposed to be a formality. I THOUGHT. PRAYING I'm incorrect. I welcome that.

by fascinated 7/23/2015 4:58:23 PM
I like Asst. DA Orman's style of presentation.

by Cindy L 7/23/2015 4:58:26 PM
@Me... honestly I don't think your a bad person but I don't understand why you seam to always make this room and comments about "you" ... I thought it was about the trial!! Maybe if you try and think that way instead it might help ya out not thinking everyone's ganging up on you!! Have a nice day~

by LG 7/23/2015 4:58:39 PM
That was the biggest wall of text I've seen on here to date. Sounds like someone needs a hug... or therapy.

by Mark 7/23/2015 4:58:41 PM
@me she wanted to celebrate and go do something fun. she had seen her baby for the first time that day adn they all wanted to go out together. for all we know she doesn't have a tv because she doesn't want her child to grow up dependent on electronics. i don't think you needed to post that whole thing if you don't care what we think.

by blue 7/23/2015 4:58:46 PM
Sophlamtn, I don't think anyone was disrespecting the jury. Obviously several of us heard that they only had to agree on one aggravating factor.

by Tammy Garrison 7/23/2015 4:58:50 PM
@Loz me too...and Ashley is going to have to live with this for the rest of her life. Despite a 6 year old being in that theater at midnight, guess what? She should have been safe. She was with her parents, she was in a relatively safe environment. She should have been safe. He saw kids and he did it anyway. There should have been no individual going into that theater to kill everyone that night, which is what he wanted to do. He was in there before the movie, he had to have seen kids around. How could he not know he could have potentially injured or kill a child? This isn't the parents' fault. This is Holmes' fault.

by Kels 7/23/2015 4:59:00 PM
Veronicas mom's testimony made me just as sad as the first time.
What a hard job those jurors have!

by AM 7/23/2015 4:59:05 PM
Why condemn the victims, really??

by Steve 7/23/2015 4:59:09 PM
I have nothing but respect for those brave souls on this jury and respect how seriously they obviously take their charge in this case. This is the kind of jury I think we all would want if we ever found ourselves on the wrong side of the justice system. I'm just as impatient as everyone here, but when I really think about things, I want them to take as much time as they need to fully consider all the factors. Whatever they decide, I will respect and accept it (and be grateful I wasn't called upon to make these decisions!).

by Suzi 7/23/2015 4:59:15 PM
Recap and video of Prosecutor Richard Orman's argument from phase 1 of the sentencing phase: bit.ly

by anica.padilla 7/23/2015 4:59:24 PM
i wish someone with the 'only god kills' argument-- which isn't valid-- would explain to me why all those people needed to die at that moment and the man/person/thing/whatever you want to call him gets to live out the rest of his life being completely taken care of. he gets to watch tv and eat food and see his family.. doesn't make sense to me.

by blue 7/23/2015 4:59:53 PM
Trolling starting again a bit. Lots of names that are new or don't seem consistent. Regardless, I must sign out. I'll miss the regulars, & am excited to see later that I was totally wrong. I do appreciate the severity of being a death penalty juror. Two of my nuclear family members served on DP juries, ironically (one was an alternate). I get it. 'Not taking a thing lightly, (*espec to "Sophia@etc."). 'Just want justice for victim families. Anyway, take care, "old timers" (ha!) & anxious to read what I missed later...Go PT!!

by fascinated 7/23/2015 5:00:52 PM
Despicable me, your comments really are blaming Ashley for the death of her daughter. I never took my kids to the movies at midnight, either, but I would not get blind with anger at a different parent who did, as it reflects a difference in lifestyle, not some moral failing and certainly not child abuse. And I have absolutely nothing but sympathy for Ashley Moser and it makes me very angry to see you repeatedly blame her for her daughter's death. You can have your opinion, but your opinion still makes me angry.

by Sophiamtn@gmail.com 7/23/2015 5:00:57 PM
Agreed, @blue.

by Kels 7/23/2015 5:00:59 PM
P.S. I agree with you, Blue...

by fascinated 7/23/2015 5:01:01 PM
@CindyL, I thought Orman did a fabulous job.

by Kels 7/23/2015 5:01:30 PM
@Despicable - whether Veronica should or shouldn't have been there is irrelevant - JH wanted and did kill people. As far as JH's "suicide" attempt - he was being a pouty kid that didn't want to move... He did not slice his wrists with cardboard - no medical attention (age 8) Remember the video testimony for mitigation from his former 5th grade teacher - he was a wonder, carefree child - age 11'ish.

by Mandi 7/23/2015 5:07:02 PM
What a sad life you must live. To never take your children out after 8pm. I know for a fact that my elementary school has events that last after 8pm at night. So your children never get to go? how sad for them that you live in fear. Im happy to know that not all parents feel the same. I don't Hate you or anyone else here. But you need to understand that not everyone thinks like you do. And by the way I don't think that cutting yourself with cardboard really translates to trying to kill yourself. A paper cut maybe. We don't have to understand why a child was there, just that she was. No judgement for her mother, who I am sure regrets it.

by Happy 7/23/2015 5:07:17 PM
Here's my avi. Did it show up?

by Kristle 7/23/2015 5:07:18 PM
See, I'm with you blue, because he said that is exactly why he did it. He wants that - total isolation from other people so he won't have to deal with his social anxiety issues. I just don't think he should be rewarded and get what he wants for doing what he did.

by Tammy Garrison 7/23/2015 5:07:24 PM
Agree, Kels & Tammy...'no disrespect to jury, EVER. We've all been here a loooong time-'not our first day....

by fascinated 7/23/2015 5:07:28 PM
@colo @anica i went back after i posted that to make sure i was right and they did say 400. glad i could help!

by blue 7/23/2015 5:07:34 PM
@blue you can think god is invalid all you want. It will never make me agree with you. You just don't like me and want to fight and that's ok. I will no longer respond to your ugliness.

by Despicable Me 7/23/2015 5:07:58 PM
@Sophiamtn@gmail.com- Yes, the jurors doing are their jobs. They are to be commended, and pitied. It is hard to imagine the difficulty of their task. They are a "death-certified" jury, meaning each of them expressed no moral opposition to the death penalty. This trial will be a seminal event of their lives and it will leave them with some heavy baggage to carry forward, no matter what they decide. They could not have known what they were bargaining for when they showed up in court for the first day of vior dire, along with 9,000 others, in what I think was the largest jury pool in the history of U.S. jurisprudence.

by Frank 7/23/2015 5:08:02 PM
@Anica any update on the video's? :)

by LG 7/23/2015 5:08:12 PM
I found the video number in a document listing evidence, but not a description/summary...

by anica.padilla 7/23/2015 5:08:58 PM
If anyone feels picked on, maybe turn the comments off.

by NT8 7/23/2015 5:09:06 PM
Some of our society is still stuck in the 50's... where the thought of taking a child anywhere past the street lights turning on was considered a 'sin' of some kind.

Times have changed. Putting blame on Veronica's death on *anyone* other than the defendant of this case is a form of mental illness in itself.

by Mark 7/23/2015 5:09:22 PM
Just for the record, I am not a troll. I have watched the entire trial and followed this blog. I have tried repeatedly to comment throughout, but my comments have generally never been posted.

by Sophiamtn@gmail.com 7/23/2015 5:09:24 PM
I would not have had my child at the theater, either, but this is one of the things that we love, that we have fought wars for. The ability to live our lives and make decisions for ourselves and our families and not have to live our lives under what someone else thinks we should do. As I've said before, I have made decisions that were probably not the best but I didn't have total strangers armchair quarterbacking my actions later. I don't know Ashley but I guarantee that nothing you all can say from your glass houses is anywhere as harsh as what she probably tells herself every day. What good can come from all the negativity? They should have been able to go to that movie in safety.

by Suzi 7/23/2015 5:11:02 PM
I miss the original bloggers from the early time of the trial. I'm leaving! Not enjoying the trolls.

by Suzanne 7/23/2015 5:11:15 PM
what if an 11 year old wanted to go to the movies that night and was killed? It would still fall under the same criminal statue (killing a child under the age of 12) would his parents be criticized as Ms. Moser is?

by Mandi 7/23/2015 5:11:47 PM
@Tammy - I have thought about that as well. However, weren't those his desires before he was medicated? It is possible since being medicated that he may not have as much social anxiety and would actually not enjoy being locked up for the rest of his life. No way to really know though. Just a thought.

by LjM 7/23/2015 5:12:08 PM