Aurora movie theater shooting trial day 45: Cross-examination of schizophrenia expert continues

Day 2 in the Aurora movie theater shooting trial – People vs. James Eagan Holmes. Today, prosecutors open their case calling witnesses _____? 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, Colorado, 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

@lawdog...if he doesn't pick apart the basis for her opinion how will he, then, pick apart her opinion? He is methodically destroying the underpinnings of her opinion...by the time he gets to the actual opinion he will only need to attack it with a feather and slight breeze

by PA Watcher 7/8/2015 6:03:16 PM
Brauchler reminds me of Billy Flynn from the musical Chicago with this witness.

by LjM 7/8/2015 6:03:22 PM
Darth Brauchler is so good at what he does

by wonderbread 7/8/2015 6:03:24 PM
Brauchler for president over Hillary?

by Mark 7/8/2015 6:07:08 PM
I would want Brauchler as my lawyer. He is tough.

by wp 7/8/2015 6:07:12 PM
@LjM "...Give 'em the old razzle dazzle. Razzle dazzle 'em...." lol!

by DocJ 7/8/2015 6:07:17 PM
Think the judge should have let them take their break... nothing with these two is likely to take just 5 minutes.

by ms 7/8/2015 6:07:21 PM
@PA Watcher- exactly what I think as I try to see myself on this jury.

by Mr. D 7/8/2015 6:07:23 PM
Dr. Gur trying hard to have the court understand the disease.

by trl 2 7/8/2015 6:07:26 PM
Yes he is, she maybe not so much

by keller ml 7/8/2015 6:07:28 PM
Just my opinion but, if it were one of my loved ones murdered, I'd rather have Brauchler be the prosecutor representing my family than have a prosecutor who is going to be all friendly, nice and polite!

by Liz 7/8/2015 6:07:33 PM
dr. forgive me do you feel like this is responsive to my question... hahahahaha!!

by mama d 7/8/2015 6:07:38 PM
If she wrote her dissertation as poorly as she wrote this report, she would not have received her PhD

by mld 7/8/2015 6:07:41 PM
Well, that was brutal lol.

by Angela Freeman 7/8/2015 6:07:43 PM
If I was on the Jury, I would get some drinks on lunch hour. Lol

by Nicko 7/8/2015 6:07:46 PM
@PA Watcher -- hes not establishing she didn't consider this information. He's just establishing she didn't record it. I wish he would get to what she considered or didn't consider and what her opinion is.

by Rob 7/8/2015 6:07:53 PM
Some of her testimony reminds me of what Judge Milan calls "flapping gums". She can say she remembers it now but it doesn't make it so if its not documented either in her reports or in her notes.

by Tammy Garrison 7/8/2015 6:07:59 PM
@lawdog the breeze is coming from JH swiveling in his chair

by bob 7/8/2015 6:08:04 PM
Dear Brauchler, You're ruining your chance for therapy with Dr. Gur.

by Patty Scabby 7/8/2015 6:08:07 PM
It makes me furious. Remembering how limited the Survivor's testimony was. They were reduced to yes and no answers, for the most part. If they elaborated even a little, showed any emotion, they were shut down immediately. And now this.. unbelievable.

by Della (Me) 7/8/2015 6:08:48 PM
I'm surprised so many are not concerned with what the report says. If a doctor told me I have cancer and need surgery, chemo and radiation, I'd want to know the basis for that diagnosis. And if the lab and scan reports didn't back up the report, I would not believe that the doctor knew what was wrong with me. How is this different?

@Della... you make an excellent point!

by ms 7/8/2015 6:11:27 PM
Jury deserves extra long lunch;)

by wp 7/8/2015 6:11:29 PM
Rob if it wasn't recorded and documented it did not happen.

by Pete 7/8/2015 6:11:37 PM
@rob...you have to understand that all an expert has is the credibility based on experience and education...GB is slowly and carefully picking apart her credibility based on the fact that she has "editorialized" much of her findings...IMHO

by PA Watcher 7/8/2015 6:11:38 PM
Putting together phrases and putting it in quotes really is bad form. Quotes indicate actual things the person said without any interpretation. To admit that she had put together things that "meant" the same, according to her, is really shaky.

by 5W 7/8/2015 6:11:52 PM
Brauchlers behaviour is disgusting and the judge is so openely bias
JH he will never be put to death as defence has cause for appeal.

by gary 7/8/2015 6:11:58 PM
Disagree she isn't getting the upper hand

by Suzanne 7/8/2015 6:12:00 PM
He is not contesting the basis of her opinion, he is simply nitpicking over the fact that she didn't include every little interaction with JH in her report. An expert is not required to document every little event that may bear upon their ultimate opinion.

by LawDog 7/8/2015 6:12:10 PM
I think that people are missing a big part of the court's prior orders. The expert witness reports have to include what the expert used as the basis for her opinion. If it's not in her report she shouldn't have used it as the basis of her opinion.

by SMH 7/8/2015 6:12:14 PM
@Della -- victims and families will get to provide some of those details during sentencing hearing. I think it is reserved for second part of case.

by Rob 7/8/2015 6:12:16 PM
I don't think Brauchler's position is well supported. Seems like she followed the best practice procedures for her field. She's the expert on how to do an eval. I wouldn't tell Brauchler how to lawyer.

by Lynn 7/8/2015 6:12:20 PM
I think your expert is wrong...IMHO he is confusing Dr. Gur's feistiness for gaining advantage over GB...overall, he credibility is slowly swirling down the drain

by PA Watcher 7/8/2015 6:12:58 PM
I get the impression especially the last couple of weeks that your legal analyst has a very distinct disdain for Brachler. His opinions are definitely not what I am hearing. I'm fully aware that I will probably be blocked for this statement.

by Sonia 7/8/2015 6:13:03 PM
@PA -- then I wish he would challenge her "credibility" instead of her note taking. Seems like all Brauchler has is her administrative abilities. It doesn't got to her analysis.

by Rob 7/8/2015 6:24:55 PM
Agree, I don't perceive her as having the upper hand. All of her frustration and arguing are making her look bad.

by Angela Freeman 7/8/2015 6:24:59 PM
Thank you Anica for having my question answered... what Dan Recht shared was what I was thinking to just because it's not written down doesn't mean it didn't happen!!

by LG 7/8/2015 6:25:05 PM
Halftime stat, 15 Objections..... 1 OverRule (DT) 14 Sustained (PT)

by NT8 7/8/2015 6:25:12 PM
Dan Recht confirmed that if the jury is not unanimous about the death penalty, the gunman will get life without parole.

by anica.padilla 7/8/2015 6:25:46 PM
@lawdog, the factual basis she uses is the entire underpinning of her opinion...beat that apart and the opinion falls

by PA Watcher 7/8/2015 6:26:14 PM
Could anyone provide more information on what would constitute or be acceptable foundation for a mistrial? Also any information on the appeal process? Not that I think it would apply in this case per say, but just interested in more information.

by LjM 7/8/2015 6:26:18 PM
@ Sonia agreed! I'd like to have other PT legal experts giving some commentary.

by Suzanne 7/8/2015 6:26:20 PM
I am not sure I would agree that this report necessarily followed best practice procedures in psychiatry. Am pretty certain that forensic psychiatry would say no.

by 5W 7/8/2015 6:26:23 PM
Her job is to assess JH based upon interviews and materials reviewed. Everyone is simply upset because they can't watch her interviews and issue their own opinions. She has performed as an expert generally does.

by LawDog 7/8/2015 6:26:29 PM
@Lynn - I respectfully disagree. It doesn't seem like Dr. Gur used the best practice procedures at all.

by SMH 7/8/2015 6:26:34 PM
DAS Dan Recht just explained how bad the DT prepped this doc.

by NT8 7/8/2015 6:26:36 PM