Aurora movie theater shooting trial day 33: Prosecution expected to call remaining victims

Day 33 in the Aurora movie theater shooting trial – People vs. James Eagan Holmes. In the next few days, prosecutors are expected to call the remaining victims who have not testified. During the course of the trial, prosecutors will argue that Holmes, the admitted gunman, was sane when he went into the midnight premiere of the Dark Knight Rises in an Aurora, Colo., movie theater and opened fire on the audience, killing 12 and wounding 70. His defense attorneys will try to spare Holmes’ life by arguing that he was insane. 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

I was surprised to hear about the 5th jury release, but she could have been honest about knowing this witness. Like seriously?

by EZ 6/17/2015 5:59:04 PM
It doesn't sound like Fenton couldn't have done more, at least in terms of 27-65 which is the statue regarding initiating An M1 Hold. That law is very specific and there has to be an identified target, plan, intent and means.

by Julie 6/17/2015 5:59:14 PM
@chess--I was surprised to see that she (and Dr. Feinstein) did much more to try and help Holmes, who successfully lied and concealed his plans and targets, than I had imagined before hearing her testimony. Psychiatrists are not mind-readers, they do not have ESP. I thought she was very clear about the extent of her authority, given what she was able to learn about Holmes in the brief time she treated him. That is, without some clear evidence that his homicidal thoughts had a real target and/or had led to planning (all of which he lied about and kept secret) she didn't actually have cause for detaining him. In fact, it is probable that the ACLU could have sued her for violating Holmes' rights if she had tried to have him detained. I thought she and Feinstein went the extra mile to help Holmes, even offering free treatment after Holmes' insurance lapsed. But Holmes didn't actually want their help--he hates society, blames society for his troubles, and he wanted to follow through with his plans....so he did.

by flip 6/17/2015 5:59:34 PM
I think Fenton could have sent a letter to him reaching out

by Julie 6/17/2015 5:59:38 PM
Sidebar Marathon #2.

by Tired 6/17/2015 6:04:59 PM
What is taking so long?

by Sheri Reining 6/17/2015 6:05:01 PM
I think a couple of these jurors who have been released should be ashamed of themselves. A person's life is on the line. And if you don't give credence to that then you should to the judicial process. What if you're the defendant some day....

by NH 6/17/2015 6:05:09 PM
I don't think it is fair to the Jury they are always at the bench

by Sheri Reining 6/17/2015 6:05:14 PM
@Niki--I have no problem with the idea of saving Holmes' brain for study. In fact, they should remove it from him before he gets the needle...

by flip 6/17/2015 6:05:22 PM
@Anica do we know why they are at the judge's bench?

by LG 6/17/2015 6:05:24 PM
Seriously!!!!!!!!!

by Suzanne 6/17/2015 6:05:25 PM
I think it was 1997? was the last execution carried out in Co. long time ago. If Hickinlooper did a stay for one he'll do it again. What was Hickinloopers campaigne potion on the death penalty/.gun control? Anyone know? from Co. now live in Mt.

by treegirl 6/17/2015 6:05:28 PM
He didn't think she cared about him, who knows that may have prompted him to return to see her. But, you can't go back.

by Julie 6/17/2015 6:05:35 PM
Agree with you there, Unique. Saw the same Frontline, McGruber. Difference with him is that he's going into this mentally ill. Socializing makes him anxious. He's in solitary now, and frequently declines the 1 hour a day he can come out of his cell. It most definitely, without question, what he wants. NH, I'm just saying the dr.'s testified that he could, whether in a psychotic break or not.

by Tammy Garrison 6/17/2015 6:05:47 PM
If I was a juror, I would be ticked off!!!

by Suzanne 6/17/2015 6:05:48 PM
Well shoot it is lunch time now. Really they spend more time at the bench then live court

by Sheri Reining 6/17/2015 6:05:52 PM
What's in the emails that they are arguing about? @7news...do you know?

by Tammy 6/17/2015 6:06:49 PM
We know the bench conference is about email evidence, but that's all.

by anica.padilla 6/17/2015 6:08:05 PM
I think none of this is Fenton's fault. Stop trying to blame everyone but your boyfriend.

by Ruby 6/17/2015 6:08:09 PM
Does anyone know the last time a mentally ill person was put to death? Even when it was determined that the person was sane at the time of the crime.

by Julie 6/17/2015 6:08:15 PM
i wonder if any of the sessions with Fenton and Fienstien prompted the written outline in the notebook. if they had continually asked JH if he had a target and a plan, while he didn't give them answers in the sessions, he sure did in the notebook he sent them. PT has been specific that JH is different in writting than in person. thoughts???

by FRIPPO 6/17/2015 6:08:25 PM
Isn't it lunchtime for them? Why not let the jurors go to lunch and deal with whatever in open court?

by jward12 6/17/2015 6:08:28 PM
What's the world record for side bars, and whats the record for the length of time????

by treegirl 6/17/2015 6:08:32 PM
Just signing on... what did I miss today?

by Jennifer 6/17/2015 6:08:35 PM
I really like this Judge, just wish he would cut way back on the time at the bench! I wonder how loud the white noise is?? It would drive me batty for this long!

by Suzanne 6/17/2015 6:08:43 PM
- Judge's Order
Objection overruled, evidence will be admitted with redactions.

by anica.padilla 6/17/2015 6:11:13 PM
@Tammy - ok I must've missed that. I knew they said mentally ill people could. I don't remember them saying insane people could.

by NH 6/17/2015 6:11:15 PM
@NT8 -- I know. But James Brady lived 33 yrs. after he suffered his wounds, and honestly that seems like reaching... Damn that Jodie Foster!! -- From CNN -- Brady died at 73 after a series of health issues, his family said in a statement on Monday.

by mama d 6/17/2015 6:11:25 PM
Can anyone reproduce the emoticon that Holmes sent to Dr. Fenton for the prescription gaffe, supposedly representing him punching her?

by flip 6/17/2015 6:11:30 PM
Fenton seems mediocre. I'm in my 70's and never had a doc put the wrong name on a script. JH had 5 apptmts. and Fenton made 2 paper accidents. Wonder if she was loaded down with other homicidal patient problems? Seems to me that if she needed to do something other than bringing another doc in, she should have been into some deeper research on her own. Insanity has no quanitative pattern.

by okx 6/17/2015 6:11:38 PM
It must be so annoying especially with the white noise in court! Thanks 7news for turning it off!

by Unique_1985 6/17/2015 6:11:40 PM
This has been about a 20 minute sidebar.

by Suzanne 6/17/2015 6:11:42 PM
Wonder if AC is tweeting right now...#longestsidebarinhistory

by Tired 6/17/2015 6:11:45 PM
@mama d keep reading the coroner said it those issues were a result of the gs.

by blue 6/17/2015 6:13:13 PM
Yeah, NH, I believe the DT wanted to make sure they got that across.

by Tammy Garrison 6/17/2015 6:13:15 PM
Defense cross-examining Ihme about CU email records.

by anica.padilla 6/17/2015 6:14:03 PM
I would forget where it left off. LOL

by Sheri Reining 6/17/2015 6:14:07 PM
Is guilty but insane an option for plea? In Colorado or otherwise?

by Angela Freeman 6/17/2015 6:14:11 PM
@chess: I'm not a mental health professional, but I can't grasp the concept of a new patient presenting with homicidal ideation and proceeding with 15-minute "med check" visits to see how everything shakes out. My daughter just received a B.S. in Psychology and had an internship under some guy who claimed he could "cure" PTSD in one hour. What a hoot!

by Keeter 6/17/2015 6:14:46 PM
@ blue - No thanks!

by mama d 6/17/2015 6:14:47 PM
@mama d then you can't make that argument... moving on.

by blue 6/17/2015 6:15:23 PM
- New Witness
Prosecution calls survivor McKayla Hicks, who was in Theater 8.

by anica.padilla 6/17/2015 6:16:01 PM
@ mama d, just saying what is going on, so he did infact cause the death of James Brady.

by NT8 6/17/2015 6:16:03 PM
So what was the point of Spengler having the email reprinted with attached picture of JH in the mountains???

by Suzanne 6/17/2015 6:16:31 PM
Have we seen these photos she's talking about?

by Tammy Garrison 6/17/2015 6:16:32 PM