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

Judge says he's bound by clarifying instruction from the supreme court, but is willing to exchange words criminal and illegal

by Phil Tenser 6/24/2015 5:46:14 PM
Next is instructions on how to fill out the verdict form

by Phil Tenser 6/24/2015 5:47:38 PM
Defense says they object to this instruction, because they're proposing an entirely different verdict form

by Phil Tenser 6/24/2015 5:48:27 PM
Spengler and Holmes sharing a little joke--JH cracks up laughing.

by flip 6/24/2015 5:50:05 PM
I:03 full title is "INT Affirmative defense of insanity - Interrogatory (more than one felony charge)

by Phil Tenser 6/24/2015 5:51:12 PM
I am glad the Spengler is so happy sitting next to a killer! Ha ha so funny....

by JG 6/24/2015 5:51:22 PM
Judge says he is going to make a change, and resubmit the draft to the attorneys

by Phil Tenser 6/24/2015 5:52:49 PM
Next is #21: Talks about jury permitted to submit questions

by Phil Tenser 6/24/2015 5:53:24 PM
Instruction #22 is about jury having questions during deliberations

by Phil Tenser 6/24/2015 5:54:01 PM
Instruction #23 is about verdict forms and about bailiff escorting them to jury room. Judge says this is the last one on his list.

by Phil Tenser 6/24/2015 5:54:50 PM
judge says he needs to add crime of violence, incendiary devices and may consider adding "lesser included offenses" which means that murder also includes manslaughter by definition

by Phil Tenser 6/24/2015 5:55:48 PM
@JG At first today I thought maybe Nelson had just wanted to get further away from Holmes. But...maybe Spengler specifically wanted to sit close to him for some reason. Maybe they get along better than Holmes does with the other DT members?

by flip 6/24/2015 5:55:49 PM
Samour discussing title of the after deliberation charge. Saying that he likes using the shorter title

by Phil Tenser 6/24/2015 5:58:32 PM
OMG, been knocked off the internet 5x. Arrrrg.

by Kristle 6/24/2015 5:59:43 PM
@flip. Maybe that's the case... Either way it makes me sick to see any kind of smile on that guys face!! good luck DT your gonna need all the help you can get!! haha now that's funny!

by JG 6/24/2015 6:00:11 PM
Judge returns to instruction #10, says he added NGRI "because I think it is appropriate"

by Phil Tenser 6/24/2015 6:00:31 PM
Judge also clarifies that he's removed the "[she]" from the instructions to make it gender appropriate

by Phil Tenser 6/24/2015 6:01:38 PM
Judge points out culpable mental state instruction (#11) that he included the optional line about possession of property

by Phil Tenser 6/24/2015 6:03:22 PM
@JG Agree completely! This guy needs to be permanently and absolutely removed from society. The death penalty, successfully administered, is the only way to be sure Holmes will never again have a chance to harm anyone, influence anyone, or make further news in the future.

by flip 6/24/2015 6:05:55 PM
The Boston Bomber spoke at his sentencing, He would like to apologize to the victims, and the survivors.

by NT8 6/24/2015 6:05:56 PM
Why does JH even get to be in the court room today? No reason for him to be there. He is so smart that he may tell his attorneys what to include and not include. He has it made already 3 meals a day, TV, books and to be by his self which he likes. UGH

by Sheri Reining 6/24/2015 6:06:17 PM
@Phil- do you know who's in audience in the courtroom watching? JH's parents? Dismissed juror?

by Victoria 6/24/2015 6:06:18 PM
@Victoria: I'm not in there, so I don't know today who is. Both have been there on other days

by Phil Tenser 6/24/2015 6:06:27 PM
@Sheri: thought that too, he probably tells his DT the strategy. SMH.

by Kristle 6/24/2015 6:07:41 PM
@Phil, just wondering if you had any sources in the courtroom

by Victoria 6/24/2015 6:08:53 PM
Thanks @flip. Agreed as well my friend!!!

by JG 6/24/2015 6:08:54 PM
Next definition discussed is "substantial step" and will not be given

by Phil Tenser 6/24/2015 6:09:34 PM
Judge says the "lesser included offenses" is the next thing they need to discuss

by Phil Tenser 6/24/2015 6:10:16 PM
Orman: "I don't see any way a rational jury could come in and say he is being reckless"

by Phil Tenser 6/24/2015 6:12:55 PM
To recap: This discussion is about how the jury should be instructed about finding the defendant not guilty of murder 1 but guilty of a lesser version (and same for the other charges)

by Phil Tenser 6/24/2015 6:14:15 PM
Orman repeats that he doesn't believe the lesser offenses are rational

by Phil Tenser 6/24/2015 6:14:35 PM
If AC were there he would have said Bless U to the sneezer.

by Kristle 6/24/2015 6:16:02 PM
Intensity stare from Nelson.

by Kristle 6/24/2015 6:16:05 PM
Phil, so if found guilty of murder 2nd degree, could the death penalty still be applied, or only for murder 1.

by Tammy Garrison 6/24/2015 6:16:07 PM
@TammyGarrison: I don't think death penalty could be applied in that instance, but I'm not 100%

by Phil Tenser 6/24/2015 6:16:29 PM
His Mental illness did not have anything to do with this. He is very sane to be able to plan such a detailed crime

by Sheri Reining 6/24/2015 6:19:00 PM
Nelson blowing smoke in support of offering the jury "lesser included" charges for Holmes.

by flip 6/24/2015 6:19:01 PM
Judge says he's avoided defining "complaint" which is the listed charges

by Phil Tenser 6/24/2015 6:19:28 PM
Orman wants to discuss muddle (sp?) instruction. (I'm Not sure what that means)

by Phil Tenser 6/24/2015 6:20:04 PM
Orman also adjusts "reckless manslaughter" to "manslaughter" to match with state law

by Phil Tenser 6/24/2015 6:21:14 PM
Orman brings up wanting to know when they can call witnesses for a rebuttal case

by Phil Tenser 6/24/2015 6:22:08 PM
Orman says they have at least 1 witness for rebuttal: Dr. Phillip Resnick

by Phil Tenser 6/24/2015 6:22:38 PM
Samour also says it would help to know their estimated end date, so they could have another jury instruction hearing

by Phil Tenser 6/24/2015 6:23:47 PM
Phil can you tell us about the 2 drs for the defense?

by Tammy Garrison 6/24/2015 6:24:14 PM
Dr. Resnick is someone the prosecution says will rebut testimony of a defense doctor

by Phil Tenser 6/24/2015 6:24:16 PM
@Tammy. why so anxious about your POV? misery is misery, but please, why not keep an open mind about JH condition and the larger question about neurological research into what constitutes legal "insanity". Opinions are fine, but they should be inclusive in how they are informed into its making.

by okx 6/24/2015 6:28:20 PM
Ha ha! Phil.

by Tammy Garrison 6/24/2015 6:28:22 PM
Goodbye everyone. See you tomorrow

by Phil Tenser 6/24/2015 6:29:41 PM