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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
If a person is sentenced to death, there are copious appeals.
by klincos6/18/2015 4:45:11 PM
@Jaclyn--Death sentence carries an automatic appeal. DT will throw the kitchen sink into the appeal process.
by flip6/18/2015 4:46:32 PM
@flip .. totally agreed, however, people still need to understand they are doing their job.
by klincos6/18/2015 4:46:34 PM
@Phil: So whats for lunch?
by Stephany6/18/2015 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 DocJ6/18/2015 4:49:50 PM
what are they reading?
by Peace19786/18/2015 4:50:01 PM
And us taxpayers will have to pay for the defense appeal process too?
by Ann6/18/2015 4:50:02 PM
by Peace19786/18/2015 4:50:11 PM
Stephany, I think that is being discussed in the YouTube chat along with the subject of Phil's ties. ;)
by klincos6/18/2015 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 Jennifer6/18/2015 4:50:26 PM
Where can we find the public documents?
by MJ6/18/2015 4:50:29 PM
had to refresh now seeing comments
by Sheri Reining6/18/2015 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 Mander6/18/2015 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 mandi6/18/2015 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 flip6/18/2015 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 klincos6/18/2015 4:51:03 PM
Ah, thanks Klincos.
by Stephany6/18/2015 4:51:05 PM
@Ann--In Holmes' own words, "yup".
by flip6/18/2015 4:51:06 PM
@Ann .. us? as un US? United States? No I think it is a county or state cost.
by klincos6/18/2015 4:51:36 PM
The years it takes to carry out a death sentence exact a huge toll – on taxpayers, victims’ families and inmates themselves.
by LG6/18/2015 4:51:48 PM
@Phil - (may be good legal beagle question) will same DT legal team also serve as legal counsel on appeal case if there is one?
by NH6/18/2015 4:51:50 PM
@mandi sentencing is done by the Judge
by LG6/18/2015 4:52:39 PM
lol flip .. did you notice that his buddy said Yup and Nope as well? may be an age thang :)
by klincos6/18/2015 4:52:41 PM
Not as in USA. Us as in us residents of CO
by Ann6/18/2015 4:53:33 PM
LG .. sentencing in Colorado (and in THIS CASE) will be done by THIS JURY
by klincos6/18/2015 4:54:37 PM
The Direct Appeal The direct appeal is an automatic appeal given to everyone sentenced to death. The appeal is made to the state’s highest court in which someone can seek an appeal from a conviction and death sentence. In some states, this appeal is mandatory but in others, it is optional for the defendant.
by LG6/18/2015 4:55:00 PM
Why does the defense team never speak with the defendent? They don't even acknowledge his existence. Why would that be?
by LDennis6/18/2015 4:55:07 PM
State Post-Conviction This is the second stage of the appellate process. Petitions are first filed with the original trial judge, then appealed to any intermediate courts (when applicable), and then finally to the state's highest court. At this stage, the defendant may raise issues surrounding the conviction and sentence that are outside of the record. The defendant can raise issues such as ineffective assistance of counsel, juror misconduct, newly-discovered evidence and Brady violations
by LG6/18/2015 4:55:18 PM
Federal Habeas Corpus Federal habeas corpus is the final stage of the appeals process, and is limited to federal issues raised on appeal in the State courts. For federal death row inmates, this is the stage of the appeals process that allows them to raise issues outside the trial record. The federal appeals process consists of three level
by LG6/18/2015 4:55:23 PM
@Phil - any good polls to do maybe?
by Niki C6/18/2015 4:55:32 PM
Ann, I am trying to figure that out as well. I really think it is a COUNTY cost? not a state cost? Wish I knew too.
by klincos6/18/2015 4:55:35 PM
How is public defenders office paid for/funded? Is it all tax dollars?
by NH6/18/2015 4:55:38 PM
2klincos--yes, I did notice that. My theory is, Holmes doesn't have much of a personality himself...so maybe he takes on the mannerisms of people he particularly looks up to. Like the hair-color thing...
by flip6/18/2015 4:55:46 PM
A petition to the U.S. District Court is the first step in federal post-conviction review. The decision is made by a judge reviewing briefs filed by the prosecution and the defense. The judge may also grant a hearing on new evidence. The judge can dismiss the petition, overturn the conviction, or overturn the sentence.
Permission to appeal to the U.S. Court of Appeals is not automatic and must be granted by the U.S. District Court or the Court of Appeals. The appeal is limited to issues raised in the U.S. District Court. If the conviction or sentence is overturned in federal review, the state is usually given the opportunity to re-try the defendant. If the U.S. Court of Appeals denies relief, the only option is to petition the U.S. Supreme Court for a writ of certiorari.
The U.S. Supreme Court is the last resort for defendants appealing their death sentence. The Court, however, only reviews a handful of death penalty cases a year. When a writ of certiorari is denied by the U.S. Supreme Court, the defendant has exhausted his appeals. The only relief available to the defendant is executive clemency.
Executive Clemency Executive clemency is the power held by a governor or other body to grant relief to a person facing execution. The governor may postpone an execution in order to allow time for further review or may commute a defendant's death sentence to a lesser sentence, such as of life without parole.
by LG6/18/2015 4:55:58 PM
I don't understand why there is even a trial. Is it because he pled not guilty being insane? Just don't understand why? He is not insane at all. He is sick but knows right from wrong.
by Sheri Reining6/18/2015 4:56:01 PM
Appeals are generally only successful in fewer than 10% of cases and win acquittal in approximately 2 percent of cases. In order to get an appeal, there must be an error in the judge's ruling and that the jury based their decision (in part) due to that particular ruling, such as inadmissible evidence that was admitted in error in trial).
by Jennifer6/18/2015 4:56:07 PM
@sally. I agree. This judge is very patient and even he was getting irritated yesterday when he said something to the effect that the DT did not bring any new information regarding an objection...that it was just that the "really, really object." (I forget what the subject was at that time. sorry.)
by ms6/18/2015 4:56:11 PM
LDennis, it MAY because of the nature of the plea.
by klincos6/18/2015 4:56:13 PM
yes- public defenders are funded with taxpayers money.
by chess6/18/2015 4:57:45 PM
@LDennis--every now and then there are some brief exchanges between Holmes and Nelson. However, I think part of their strategy is, "...look insane and completely unreachable to the jury, Mr. Holmes".
by flip6/18/2015 4:57:50 PM
And just FYI, these cases are referred to as bifurcated trials. (Two-part trial where there is a guilt phase and a penalty phase.)
by Jennifer6/18/2015 4:57:53 PM
why does the defense never speak to Holmes? Are they not allowed to speak to him in the court room?
by Sheri Reining6/18/2015 4:58:25 PM
@SheriReining: Speculation - but probably part of the defense team's plan to look confident and capable. Also maybe to present the gunman as isolated/disconnected.
by anica.padilla6/18/2015 4:59:25 PM
@ Tammy. This trial is only about societal values of killing another person. Your seeming commitment to sanctioned killing might be your emotional state, not your real feelings. The barbaric practice keeps knowledge and understanding of mental illness in the dark. Killing him means to soothe you, not justice for the defendant and certainly will not encourage compassion or non-violence within our world. Can our fears can be killed by killing another?