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

Pro Tip: Legal is not a synonym for moral.

by Patty Scabby 7/8/2015 6:26:58 PM
Sonia, I kind of got that too, but put it down to the fact that all of them are not prosecution attorneys.

by Tammy Garrison 7/8/2015 6:27:00 PM
@Lynn The thing is, she isn't following best practice procedure by her own admission and according to the 2 manuals she wrote. It is becoming increasingly clear that she followed definite *not* best practices based on other expert witnesses and other psych professionals in this chat. That is what is so frustrating to most of us, I think.

by DocJ 7/8/2015 6:27:07 PM
Lynn, coming from a similar profession, I would not say she has written a good report. Selectively combining statements, choosing which quotes to emphasize, which could be argued weren't even the more important quotes, making diagnosis without some of the more pertinent information, quoting the parents of providing information that was actually gathered through a third source without making that notation...that is not a good professional report, much less one for legal use.

by Tammy Garrison 7/8/2015 6:27:47 PM
@SMH--she included the information through general statements of interactions and documents reviewed. GB is simply trying to make headway by pointing out that Gur didn't specifically list those items.

by LawDog 7/8/2015 6:28:18 PM
Rob, he is challenging her credibility through her note taking and report writing.

by Tammy Garrison 7/8/2015 6:28:49 PM
Anica-if there's a sentencing either for death or life, will the judge give a formal sentencing as in the boston bombing case?

by naturegurl 7/8/2015 6:28:52 PM
I wish Brauchler would follow up on the work her husband does against the death penalty. he only hinted at that yesterday. That (in my opinion) goes to her credibility -- much more than her note taking.

by Rob 7/8/2015 6:28:55 PM
I suspect that Mr. Brauchler has by now established a much stronger rapport with the jury than anyone on the defense team has been able to do. That may be important in how the jury views Mr. Brauchler's interactions with Dr. Gur. She often refers to her 1st meeting with Holmes that "it was like pulling teeth". That is exactly the impression she is now giving on cross--getting a straight answer from her is like pulling teeth.

by flip 7/8/2015 6:29:00 PM
Question for Legal... how big of a deal is that some of the items she is speaking about are not written down in her notes?

by LG edited by anica.padilla 7/8/2015 6:29:55 PM
@rob...you have to read between the lines...let me give you an example...she says JH was sexually abused as a youngster...it is not in her report or her notes, he never told anyone else that fact and he denied it to all other doctors...now you may feel he is nitpicking her report because she didn't put it in there but remember he sets her up by asking this is the type of information that would be crucial to your analysis (she'd agree), then he asks you put he saw hallucinations and you put that in your report because it was crucial...then he asks why didn't you put he was sexually abused in the report...BINGO...the statement that she made regarding sexual abuse is discredited

by PA Watcher 7/8/2015 6:31:02 PM
@gary I agree with you. No chance JH will be sentenced to death.

by Sur 7/8/2015 6:31:05 PM
Looking at the replay, sorry but the "do do" comment still has me laughing. Lol

by Nicko 7/8/2015 6:36:37 PM
@pawatcher: Reid testified that JH acknowledged an incident involving his genitals when he was younger, but he refused to elaborate. This is very likely the same sexual abuse incident Gur mentioned. Sexual abuse statement not discredited.

by LawDog 7/8/2015 6:36:42 PM
I think that this witness does not like nor is used to having her judgements questioned. And definitely has not been prepped well. She is VERY defensive.

by Sonia 7/8/2015 6:36:47 PM
@PA -- but Holmes never "said" he was schizo. That's a diagnosis made by a third party. In your example the "diagnosis" of sexual abuse would have to come from 3rd party. And we would examine the 3rd party's notes on their diagnosis instead of getting to the substance of whether actual sexual abuse occurred. I don't think we should deb forced to "read between the lines". If JH is sane -- let's see the substance during this cross.

by Rob 7/8/2015 6:36:55 PM
@anica,,, has there been a decision on if the future related civil suits will have a video feed for the public to watch?

by shuffie 7/8/2015 6:37:05 PM
@Tammy -- I can testify that the sun came up last Tuesday. I may not have notes confirming that the sun came up that day, but the lack of a confirming note does not undermine whether the sun came up that day. That's my point. I just want to see Brauchler get to some substance.

by Rob 7/8/2015 6:37:23 PM
Where did JH say he had been sexually abused?

by 5W 7/8/2015 6:42:54 PM
@Rob Do you consider Dr. Gur's memory and/or ability to accurately record Holmes' words as reliable as the mechanics of our solar system?

by flip 7/8/2015 6:43:03 PM
where did GB get his degree in psychiatry in order to opine that she did not properly exam JH?

by trl 2 7/8/2015 6:43:08 PM
I was not aware there was a claim of sexual abuse (was aware of the small penis thing) and as such that was a bad example...my apologies...change sexual abuse to she claims JH told her he took a trip to Mars...I was looking for a non-fact and accidentally, apparently, stumbled onto to something that was, in fact, a real issue...again, my apologies!

by PA Watcher 7/8/2015 6:43:22 PM
Tammy- could you, without confirming notes, testify that clouds were (or were not) blocking the vision of the sun coming up on Jan. 2, 2015?

by 5W 7/8/2015 6:43:30 PM
Sorry- my question should have been directed to Rob.

by 5W 7/8/2015 6:43:32 PM
@rob, I doubt the judge would ever allow him to come right out and ask her if she was lying (I may be wrong) that is what I meant by read between the lines

by PA Watcher 7/8/2015 6:43:36 PM
- Quote
Judge Samour is considering allowing a video.
There is a video of an interview of the gunman by 1 or 2 investigators – they ask how he’s feeling and then to talk about the night before. The gunman talks about hiding under blankets from “the shadows.” He says the shadows poke him and pick him up and do things to him. There is small talk about the Broncos.
"He appears groggy, sleepy, appears to barely be able to keep his eyes open. He is coherent in general... appears to understand the questions that are asked... perhaps under the influence of drugs," Samour said.

by anica.padilla 7/8/2015 7:30:02 PM
@5W -- I could. If you disagreed, I would think you would present evidence (i.e., photos, barometric readings, etc.) to undermine me. Not attack the absence of notes.

by Rob 7/8/2015 7:31:37 PM
Sounds like Judge Samour will not admit the video under rule 703.

by anica.padilla 7/8/2015 7:33:12 PM
- Quote
Judge Samour: "No expert discussed the video specifically in his/her reports."

by anica.padilla 7/8/2015 7:33:48 PM
Judge Samour: Other than Dr. Gur, no expert has testified that they relied on this video to form their opinion.

by anica.padilla 7/8/2015 7:34:55 PM
@trl 2...I don't think GB is saying she didn't do a proper exam, clinically speaking, she did a really crappy job forensically which is the crucial issue here

by PA Watcher 7/8/2015 7:35:14 PM
It seems to me that it is difficult to believe Dr. Gur remembers conversations from about 2 years ago and yesterday afternoon she could not remember what she had said yesterday morning.

by Humble Pride 7/8/2015 7:35:20 PM
Generally I think that expert witness opine in the direction of who are hiring them.

by Humble Pride 7/8/2015 7:35:24 PM
I studied law in college but had been living in the U.K. for a bit. There is no death penalty where I lived. So I think over here if he is sentenced to death it cost the taxpayers more? Please forgive me for being a bit daft.

by Nicko 7/8/2015 7:35:32 PM
You find similar bias in reports produced by think tanks, global warming would be a good example.

by Humble Pride 7/8/2015 7:35:43 PM
there has been no mention of sexual abuse in this case as far as i can remember and i would not be blogging unless i was sure this was the case and comments suggesting this should not be allowed

by dengar 7/8/2015 7:35:48 PM
GB has been bullying this witness so much that the jury may have an issue with it.

by Brian Kovar 7/8/2015 7:35:54 PM
To be honest I think that most of the problems Jh has/had were all normal growing up issues. And his parents seem to have contributed to these issues. I dont see any severe mental illness yet that would have caused him to "snap." Otherwise if these issues were factors, many people with or without mental disease would be murderers..

by Sonia 7/8/2015 7:36:03 PM
Wow... really I'm surprised at the poll results... even Channel 7's legal expert stated Dr. Gur was holding her own with Brauchler about her report...

by LG 7/8/2015 7:36:08 PM
Good afternoon fellow trial watchers......have missed this mornings proceedings so glad this site is available.

by Jewel 7/8/2015 7:36:11 PM
He doesn't help himself by taking things out of context. We've all had that done to us and know how unfair it is. The jurors have, too.

by Lynn 7/8/2015 7:36:19 PM
Well I guess this poll has established where this group stands.

by NT8 7/8/2015 7:36:32 PM
The problem with her report is that she does not include all of the things she discussed with the defendant, as well as the other information she obtained in order to make a diagnosis. She is a medical doctor and it seems unethical to not include everything in order to come to a conclusion.

by mld 7/8/2015 7:36:35 PM
Brauchler is really earning his pay today. She is tough to cross.

by Abrandt 7/8/2015 7:36:37 PM
trl2, don't think that case attorneys don't end up becoming mini-experts in a lot of subjects and will turn to experts to help them understand subjects and areas as well as generate the kinds of questions they need to ask.

by Tammy Garrison 7/8/2015 7:36:45 PM