Aurora movie theater shooting trial day 34: CU psychiatrist Dr. Feinstein to return to the stand

Day 34 in the Aurora movie theater shooting trial – People vs. James Eagan Holmes. Today, CU psychiatrist Dr. Feinstein will return to the stand. 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 can't help but notice how Ms. Teesh-Maguire interacts with the witnesses; she shows a lot of empathy and caring.

by Barb 6/18/2015 4:25:48 PM
The people in the YouTube chat room are OBSESSED with Phil and his ties!

by anica.padilla 6/18/2015 4:26:10 PM
who is AC?

by Robin 6/18/2015 4:26:24 PM
AC = Brauchler

by lildeuce32 6/18/2015 4:26:53 PM
Jurors send note saying they're willing to take a short lunch or stay late to keep on schedule.

by anica.padilla 6/18/2015 4:27:24 PM
@chess--You are right, but there is a certain element of strategy inherent in the pattern of DT objections. That is, there is no rule that says, "The defense MUST object every time they feel there is a legal foundation for it". Regardless of the judge's admonishments, there is no getting away from the fact that jurors are human and they will most likely interpret the DT's objections during victim testimony in a negative light.

by flip 6/18/2015 4:27:28 PM
Woah @lilduece that's new to me!

by Della (Me) 6/18/2015 4:30:54 PM
i missed this- what evidence is the jury reading?

by MJ 6/18/2015 4:37:38 PM
@Really? "It is OK for some of us to not like the DT" ... It's not OK to not like (form prejudices) either of the teams if you are on the Jury, however, if you are here, knock yourself out. It's a matter for the moderator if your prejudices are shared with those of us who are trying to remain partial (as if we were a member of the jury) until all of the evidence has been presented.

by klincos 6/18/2015 4:38:07 PM
Higgs and Brauchler having a couple of laughs together while going over some documents.

by flip 6/18/2015 4:38:10 PM
There was an email from Dr. Fenton that was asking about the experiments. Unfortunately, with so many documents from the beginning of the trial, it would be time consuming to relocate exactly where I saw them. Maybe if I have some time later on today, I will try to find it.

by lildeuce32 6/18/2015 4:38:13 PM
Gotta sign off for now.

by lildeuce32 6/18/2015 4:38:19 PM
Its interesting to me that with all the evidence, JH doesn't even care to review it. It doesn't look like he is trying to help his defense team. It looks like hes already resigned to the fact that he is going to get death. Maybe he wants it....

by Tired 6/18/2015 4:38:26 PM
Nelson doing a slow burn...."why do I always have to sit next to Holmes?"

by flip 6/18/2015 4:38:29 PM
The defense MUST object every time they feel there is a legal foundation for it.. Not every time, OK ... only if they wish to use that objection later in appeal.

by klincos 6/18/2015 4:38:31 PM
Anything we should chat about while we wait?

by Phil Tenser 6/18/2015 4:39:44 PM
@lildeuce32 do you have a date / reference to help locate document? there are a lot of items on that website.

by klincos 6/18/2015 4:40:49 PM
@klincos - agreed

by Niki C 6/18/2015 4:40:52 PM
@Tired .. JH could be following instructions of his team do not be "involved" and to act exactly as he is, or he could be overly medicated to even be able to tolerate sitting that long day after day. Hard to say.

by klincos 6/18/2015 4:40:56 PM
@lildeuce32 .. ok thanks for sharing?

by klincos 6/18/2015 4:44:05 PM
Even if JH gets death sentence, can they use the objections to approve an appeal and get another court trial?

by Jaclyn 6/18/2015 4:44:23 PM
@Jaclyn: I believe all death penalty convictions are automatically appealed.

by anica.padilla 6/18/2015 4:44:44 PM
@Klincos--Good points.

by Tired 6/18/2015 4:44:46 PM
JH doesn't get a choice in not sitting there all day

by mandi 6/18/2015 4:44:52 PM
@klincos...right, "not every time". A Ch7 legal analyst made it very clear a couple weeks ago that constant objections to trivial issues are not required, even if there is a plausible legal foundation for them. It is a strategic issue.

by flip 6/18/2015 4:44:54 PM
Judge has a sense of humor. :)

by NeuroNonsense 6/18/2015 4:44:55 PM
not seeing comments. are comments coming through

by Sheri Reining 6/18/2015 4:45:09 PM
If a person is sentenced to death, there are copious appeals.

by klincos 6/18/2015 4:45:11 PM
@Jaclyn--Death sentence carries an automatic appeal. DT will throw the kitchen sink into the appeal process.

by flip 6/18/2015 4:46:32 PM
@flip .. totally agreed, however, people still need to understand they are doing their job.

by klincos 6/18/2015 4:46:34 PM
@Phil: So whats for lunch?

by Stephany 6/18/2015 4:46:44 PM
Question: When this goes to appeal, will all these witnesses have to testify again or can their original testimonies be read into the record, or will the appellate court only be reviewing hat has been transcribed by the court reporter and the mounds of evidence?

by DocJ 6/18/2015 4:49:50 PM
what are they reading?

by Peace1978 6/18/2015 4:50:01 PM
And us taxpayers will have to pay for the defense appeal process too?

by Ann 6/18/2015 4:50:02 PM
sushi

by Peace1978 6/18/2015 4:50:11 PM
Stephany, I think that is being discussed in the YouTube chat along with the subject of Phil's ties. ;)

by klincos 6/18/2015 4:50:12 PM
Yes, they receive one automatic appeal on a death sentence and additional appeals if they so choose. He would not be sentenced to a federal prison as he did not commit a federal crime. (I just wanted to clarify a few things.)

by Jennifer 6/18/2015 4:50:26 PM
Where can we find the public documents?

by MJ 6/18/2015 4:50:29 PM
had to refresh now seeing comments

by Sheri Reining 6/18/2015 4:50:32 PM
Well I for one would NOT want the DT to represent me... IMO they stink ..but like I said IMO!

by Sally Mander 6/18/2015 4:50:35 PM
assuming if JH is found guilty - the same jurors will have to sit through the sentencing hearings... many more months?

by mandi 6/18/2015 4:50:49 PM
@klincos--agree, they are doing their job. But, as just another arm-chair quarterback I think it's fun to evaluate & criticize the performances of various personalities in this drama. When Spengler objects during sensitive parts of victim testimony, it may not help JH's case.

by flip 6/18/2015 4:50:56 PM
@mandi .. he may have a choice.. isn't there an option for a defendant to give up his right to be present. Certainly not something one would want to opt for but I do believe he DOES have a choice. :)

by klincos 6/18/2015 4:51:03 PM
Ah, thanks Klincos.

by Stephany 6/18/2015 4:51:05 PM
@Ann--In Holmes' own words, "yup".

by flip 6/18/2015 4:51:06 PM