Theater shooting day 57: Phase 2 continues with defense witnesses

Defense attorneys for James Holmes will continue to call mitigating witnesses in an attempt to convince the jury to spare the convicted mass shooter from the death penalty.

3rd & 7 37yd

@HumblePride: I can't see them to answer your question from here

by Phil Tenser 7/28/2015 7:53:01 PM
Because of the technical issue, Judge explains, defense will play the last moments from the recorded testimony

by Phil Tenser 7/28/2015 7:53:20 PM
LOL, Judge!

by caz 7/28/2015 7:53:27 PM
Sounds like JH's family was like Wally and the Beav. Except the Beav was a girl.

by Kristle 7/28/2015 7:53:29 PM
Is Mr. Holmes wearing protective gear or is he just developing a beer belly.

by Tubby 7/28/2015 7:54:05 PM
Lights dimmed again they are finishing the video from Karrer's testimony

by Phil Tenser 7/28/2015 7:54:07 PM
First time saw sour patch Nelson smile and laugh! Looks better!

by Kristle 7/28/2015 7:54:55 PM
I'm pretty sure if the jury decides the mitigating factors outweigh the aggravating, the DP is off the table and it's automatic LWOP.
If they say they do not.. the the DP is still an option. Then both sides give impact statements. That's when the jury deliberates on the sentence. It has to be unanimous for death. If it's hung it's LWOP.

by LoriJ 7/28/2015 7:55:15 PM
Judge does standup

by Judge is a real comedian 7/28/2015 7:55:16 PM
On the video, prosecution cross-examining Karrer

by Phil Tenser 7/28/2015 7:55:17 PM
Am I the only one who doesn't understand that saying he had great, active parents is suppose to help him? Some one with better insight than me please explain.

by Tammy Garrison 7/28/2015 7:55:25 PM
@TammyGarrison: From previous reporting, here's info that might help. Especially the ones I'll put stars next to: Mitigating factors under Colorado law that could be included in this case are:

The defendant's capacity to appreciate wrongfulness of the defendant's conduct or to conform the defendant's conduct to the requirements of law was significantly impaired, but not so impaired as to constitute a defense to prosecution
The defendant was under unusual and substantial duress, although not such duress as to constitute a defense to prosecution; or
*The emotional state of the defendant at the time the crime was committed
**The absence of any significant prior conviction
The extent of the defendant's cooperation with law enforcement officers or agencies and with the office of the prosecuting district attorney
The good faith, although mistaken, belief by the defendant that circumstances existed which constituted a moral justification for the defendant's conduct
The defendant is not a continuing threat to society
***Any other evidence which in the court's opinion bears on the question of mitigation.

by Phil Tenser 7/28/2015 7:56:47 PM
Holmes grinning during Judge Samour's banter with the sick jurors.

by flip 7/28/2015 7:56:56 PM
So @ Kristle, if the DT laughs, they're inappropriate, but if they don't laugh, they're "sour"?

by CSP 7/28/2015 7:56:57 PM
There we go..........he looks the same as in 5th grade..........I think not!

by kat 7/28/2015 7:56:59 PM
The point of this mitigation evidence is two fold. A) He had a great childhood and has people that love him, please don't kill him and B) He had a great childhood and was a great kid, so obviously mental illness made him snap.

by CSP 7/28/2015 7:57:03 PM
@Tubby: Doubt it's a belly. My vote is protective gear.

by Kristle 7/28/2015 7:57:07 PM
@Kristle: They said weight gain was a side effect of his medication

by Phil Tenser 7/28/2015 7:57:19 PM
Dennie and Tammy G- Could the parents be saying they provided loving home- -he was ok, then snapped- which demonstrates that the mental illness worsened? ? ?

by Mr.D. 7/28/2015 7:57:22 PM
@Tammy I don't get it either. JH had a wonderful entitled home and school life alot more then most will ever have. How that mitigates anything I don't get...

by Abrandt 7/28/2015 7:57:23 PM
good thing they didnt miss the end of that video... that was pretty important...

by colo 7/28/2015 7:57:25 PM
very meta watching a video of court in court

by bob 7/28/2015 7:57:39 PM
Now they are showing the jurors bits of evidence they couldn't see on the recording.

by Phil Tenser 7/28/2015 7:57:52 PM
Here comes Robert Holmes, the defendant's father

by Phil Tenser 7/28/2015 7:58:37 PM
I think that the defense was hoping they would skip the end

by kat 7/28/2015 7:59:20 PM
"its been a difficult experience," Robert Holmes says about the trial so far.

by Phil Tenser 7/28/2015 7:59:23 PM
The emphasis of childhood, family memories, friends stories, etc. is to show that James had a normal upbringing (aside from being a socially shy child) and developed a mental illness or had a psychotic break that lead him to take the actions that he did. I think they will build up how he needs treatment instead of the death penalty

by Jen 7/28/2015 7:59:27 PM
Had the defendant ever confided in you suicidal/homicdal thoughts? No

by Phil Tenser 7/28/2015 8:00:27 PM
Robert Holmes answering questions about his youth as an "army brat"

by Phil Tenser 7/28/2015 8:01:32 PM
Tammy, I believe it is supportive of his having a brain disease, which no amount of good parenting could have an effect on. The physical disease could not be controlled by his environment, whether it be a positive or a negative one.

by luce 7/28/2015 8:02:51 PM
Holmes is the star of "This is Your Life".....

by flip 7/28/2015 8:02:51 PM
Shame shame on Jimmy for doing this to his parents!

by flop 7/28/2015 8:02:52 PM
This has got to be a difficult task for any parent...........

by kat 7/28/2015 8:02:53 PM
JH should be hanging his head instead of swiveling....

by Victoria 7/28/2015 8:02:54 PM
must be so hard for him to be up there

by JG 7/28/2015 8:02:55 PM
Photo Robert Holmes is handed shows his parents and sister, he's asked to mark their names on the photo and their relationship to his son

by Phil Tenser 7/28/2015 8:02:59 PM
Robert Holmes says he was a teenager, about 16, in the photo

by Phil Tenser 7/28/2015 8:04:26 PM
Does mental illness run in your family? "Based on what i've heard in the trial..."

by Phil Tenser 7/28/2015 8:04:45 PM
- Quote
"Our family never talked about it"

by Phil Tenser 7/28/2015 8:04:53 PM
- Quote
"I actually never even new her diagnosis until we saw it here in court" Robert says about his sister

by Phil Tenser 7/28/2015 8:05:15 PM
OK, well, I'm assuming, based on that reasoning, PT would come back with reinforcement that in spite of mental illness, he knew right from wrong and was not in a psychotic break in July 2012, yes?

by Tammy Garrison 7/28/2015 8:05:40 PM
I don't know too many families that are absent of mental illness problems in one way or another.

by kat 7/28/2015 8:05:41 PM
Robert Holmes says he wasn't sure what his dad suffered from, but knew he had spent time in a psychiatric unit before his death

by Phil Tenser 7/28/2015 8:05:42 PM
- Quote
"With my sister I kind of suspected it was some kind of schizophrenia, but my mom didn't really want to talk about it"

by Phil Tenser 7/28/2015 8:06:17 PM
- Quote
"I'm sort of similar to my dad, I think we're scientific. We weren't very emotional people" Robert Holmes says about his side of the family.

by Phil Tenser 7/28/2015 8:07:30 PM