Aurora movie theater shooting trial: June 24 hearings

Attorneys will gather on Wednesday morning for a hearing outside the presence of the jury.

3rd & 7 37yd

Defense says they object to the complete definition of a "deadly weapon" under the law, and argues that because the firearms are specified in the charges they don't need to discuss other kinds

by Phil Tenser 6/24/2015 4:17:25 PM
Hee hee. Edson and JH seemed to have new haircuts.

by Kristle 6/24/2015 4:18:18 PM
Samour is awesome. Just Sayin....

by Tired 6/24/2015 4:21:53 PM
arguing legal speak

by NT8 6/24/2015 4:22:59 PM
Boy was I naive. I thought those were standard forms.

by Tammy Garrison 6/24/2015 4:23:00 PM
Definition of bodily injury will be included

by Phil Tenser 6/24/2015 4:23:01 PM
Instruction #13 -- judge says he liked the defense version, not the prosecution

by Phil Tenser 6/24/2015 4:24:25 PM
Did Nelson just get snarky with the judge?

by Suzanne 6/24/2015 4:24:26 PM
Format names the charge, lists the victims, explains the count. Groups them together in that way

by Phil Tenser 6/24/2015 4:25:49 PM
Legal beagles

by Kristle 6/24/2015 4:26:27 PM
Prosecution agrees to the proposed format, defense too. But defense asks to add "plain language" to differentiate the NG and NGRI decisions

by Phil Tenser 6/24/2015 4:29:09 PM
If JH is found not guilty by reason of insanity , I'll be sad for the victims and their families as they'll feel he isn't getting what he deserves = justice . However , this will be a landmark day in the world of mental illness.

by stacy cody 6/24/2015 4:30:57 PM
Instruction #14 is similar, but relates to the "extreme indifference" counts

by Phil Tenser 6/24/2015 4:31:15 PM
Universal malice is not defined by statute. Judge says it was defined by caselaw

by Phil Tenser 6/24/2015 4:34:01 PM
Samour is a fair judge.

by Kristle 6/24/2015 4:34:20 PM
Instruction #15 relates to attempted murder after deliberation

by Phil Tenser 6/24/2015 4:34:32 PM
#16 is attemped murder extreme indifference

by Phil Tenser 6/24/2015 4:36:13 PM
Judge says he doesn't yet have instruction for the incendiary device

by Phil Tenser 6/24/2015 4:37:19 PM
Instruction #17 deals with affirmative defense of insanity

by Phil Tenser 6/24/2015 4:37:25 PM
Defense's version has variations from the model, Samour says

by Phil Tenser 6/24/2015 4:38:20 PM
Discussing if the instruction should be singular or plural "act/acts" in the instruction about insanity

by Phil Tenser 6/24/2015 4:40:38 PM
Decision: Judge will say "each act"

by Phil Tenser 6/24/2015 4:41:41 PM
I love the details and law in general. This is all intensely interesting.

by Kristle 6/24/2015 4:41:42 PM
JH looks alot younger now that his beard was shaved off. I think thats for the jury....to make him look young so the jury will have a harder time condemming him to death.

by Tired 6/24/2015 4:44:37 PM
Here's an answer to a question someone on YouTube wrote: In Colorado there are various kinds of "1st degree murder" they are: after deliberation, felony murder, extreme indifference and "execution base upon perjury" So what matters for us: Extreme indifference is about "any innocent person" while after deliberation is about the planning and intent

by Phil Tenser 6/24/2015 4:44:58 PM
Defense says they've added paragraph reminding the jury that the prosecution must "disprove" their insanity argument

by Phil Tenser 6/24/2015 4:45:43 PM
@Tired: Didn't think of it that way but yes, I see that now.

by Kristle 6/24/2015 4:45:46 PM
Nelson: "This case is about mental state so we think it is important to highlight for the jury that they can consider mental state"

by Phil Tenser 6/24/2015 4:47:51 PM
@Tired they clean all defendants up to have the look of an "upstanding" citizen to sway the jury

by Tjq 6/24/2015 4:48:01 PM
Prosecution arguing the defense additions are redundant.

by Phil Tenser 6/24/2015 4:49:19 PM
Pearson should use the mic.

by Kristle 6/24/2015 4:51:40 PM
@TJQ: I thought so. Like what they did to Jodi Arias by putting her in eye glasses...and conservative dresses.

by Tired 6/24/2015 4:51:40 PM
Didn't the judge already rule on this twice??

by FMM 6/24/2015 4:53:21 PM
I know they are going by the law, but the evidence the prosecution presented is overwhelming

by Tjq 6/24/2015 4:53:22 PM
@Tired yes Jodi Arias for sure.

by Tjq 6/24/2015 4:54:40 PM
Judge will include paragraphs included in the law, but not the redundant ones the prosecution objected to

by Phil Tenser 6/24/2015 4:54:55 PM
I don't see how the defense is going to come across to the jury to change their mind about JH guilt by insanity. The act was evil

by Tjq 6/24/2015 4:56:26 PM
Next is instruction #18, which he says he's already given to the jury. It is the affirmative defense of insanity's description of "distinguishing right from wrong"

by Phil Tenser 6/24/2015 4:58:17 PM
Both police officers seem to be watching JH alot today.

by Della (Me) 6/24/2015 4:58:18 PM
Say it too many times, and suddenly they may start thinking the opposite of what you want them to do.

by Tammy Garrison 6/24/2015 4:58:36 PM
"incapable of distinguishing right from wrong" is not defined by Colorado statute. So Judge wrote his instruction based on a note in the model instructions

by Phil Tenser 6/24/2015 4:59:32 PM
It will however be interesting to see the defense in action with lots of objections from prosecution

by Tjq 6/24/2015 4:59:33 PM
Good to see the ole police officer back by the wall.

by Kristle 6/24/2015 4:59:47 PM
100 years ago - give or take , you were either guilty , not guilty or not guilty by means of mental disease of defect . Essentially one would either walk home, walk to the gallows , or walk into a mental institution . Women , especially , mostly fell into category III because we did not understand mental illness , and the results would be " Well , whatever mental illness is -- that sweet , pretty , petite little woman must have it , because that's the only thing that would allow her to commit such a crime " . We "get" mental illness now -- at least a heck of lot better than we did 100 yrs ago , or 20 years ago , or even last year. -- Thus this plea rarely sticks. However I do not see that happening in this case . And when the jury returns a " not guilty by reason of mental disease or defect " to James Holmes ,it will be the biggest landmark day in mental illness history since the Andrea Yates case .

by stacy cody 6/24/2015 5:00:38 PM
Tjq, can't wait.

by Tammy Garrison 6/24/2015 5:00:48 PM