Theater shooting trial: Closing arguments

Closing arguments in the Aurora movie theater shooting trial – People vs. James Eagan Holmes. Tuesday, attorneys will be presenting their final statements before the jury begins to deliberate if the gunman was guilty or not guilty by reason of insanity.

3rd & 7 37yd

Dr. Fenton remains my biggest question. She did not take conservative measures that could have likely prevent this. In many respects, she failed to do her job because of education? lack of experience? lack of something that would have had her act in a more proactive way after her meetings with him.

by okx 7/14/2015 5:55:40 PM
Judge saying he wants to give the jury a lunch. Then closing, then break.

by Phil Tenser 7/14/2015 5:55:55 PM
I like hearing different opinions. We have forgotten that not everyone has to agree with each other and different points of view, as long as they don't turn into personal attacks, are good ways to have honest discussions!

by Just Thinkin 7/14/2015 5:56:19 PM
I don't think putting a mentally ill person to death is right. I don't think putting a mentally ill individual in jail for life is right either. Putting a person in a mental hospital for life AFTER the crime so he can get help for the mental illness is too late.

by Me 7/14/2015 5:56:20 PM
ooooh noooooooo!

by Tired 7/14/2015 5:56:27 PM
Judge says he needs more time to finish his review of the objections. Judge is going to ask jury how late they can stay

by Phil Tenser 7/14/2015 5:56:40 PM
@ok JH lied to Dr. Fenton when she asked the questions needed to commit him.

by Abrandt 7/14/2015 5:56:41 PM
@LG We also have Robert Ray on death row.

by Robyn 7/14/2015 5:57:22 PM
Thanks a lot, King.

by Kels 7/14/2015 5:57:23 PM
The defense just can't stop prolonging the inevitable!

by Lori James 7/14/2015 5:58:11 PM
All three of the men now on death row in Colorado are African-American, and all three were prosecuted in Arapahoe County.

by Stacie 7/14/2015 5:58:12 PM
DT wants to limit PT's closing arguments with their objections... IMO

by mandi 7/14/2015 5:58:13 PM
Judge confirming he expects today will last as late as 6p

by Phil Tenser 7/14/2015 5:58:25 PM
King was trying to get the Judges attention right as he said "bring the jury in".

by Kristle 7/14/2015 5:59:26 PM
Here's what I think - that every one of us who has spent hours upon hours watching this trial should, after it is over, spend an equal amount of time working to either bring about effective gun control regulation or working to bring about awareness/change in the US regarding mental illness/brain disease. Whether James Holmes is executed or spends the rest of his life in jail/hospital will not change a thing, AND IT WILL NOT PREVENT THIS KIND OF TRAGEDY FROM HAPPENING OVER AND OVER AGAIN.

by luce 7/14/2015 5:59:27 PM
okx...the problem is, I think CO law is at fault...Fenton, apparently, needed him to be specific as to people, place, time, etc. I believe she wanted to commit him but could not meet the legal standard...

by PA Watcher 7/14/2015 5:59:28 PM
Judge going to come out around 12:15 to talk about his decisions

by Phil Tenser 7/14/2015 6:00:50 PM
Judge is in the court

by Phil Tenser 7/14/2015 6:23:17 PM
- Quote
Judge Samour notes he is limited in timing. "this is not my doing. this is the party's doing"

by Phil Tenser 7/14/2015 6:23:33 PM
Judge needs that water... it sounded funny as he was pouring it :)

by LG 7/14/2015 6:24:00 PM
Agree with you, Luce. You are right, CP is a way to keep the wheel turning in a way that will never have revolution. Sadly, I think that many people for Capital Punishment will see it as time better spent urging the death penalty and more freedom with guns.

by okx 7/14/2015 6:24:03 PM
To be a little more clear, I was surprised that while yes the victims that testified were emotional at times, but none of them specifically spoke or pointed directly to the defendent

by Nicole 7/14/2015 6:24:27 PM
Wow, I forgot about trial COMPLETELY today. Just signing in... what did I miss? Anyone?

by Eric S. 7/14/2015 6:24:29 PM
Lay it down, Judge.

by Kels 7/14/2015 6:25:22 PM
Judge is referring to a case ruling out of Washington (captions he is reading here are not from this case)

by Phil Tenser 7/14/2015 6:25:49 PM
@Nicole... none of the victims were asked to do that as I remember they only answered the questions asked of them

by LG 7/14/2015 6:26:49 PM
Doesn't the ability for a prosecutor to present a closing rebuttal gives him a significant advantage over the defendant. What is the rationale?

by Hoddy 7/14/2015 6:26:50 PM
ugh worst feed day ever! ive lost count of how many times ive refreshed and it keeps getting stuck :(

by debitwo 7/14/2015 6:27:18 PM
@debitwo: Sorry charlie, signal strength is in the green here though

by Phil Tenser 7/14/2015 6:27:31 PM
@Luce, I respectfully disagree. A guilty verdict and especially, a death verdict, may well discourage at the very least, copycat criminals who just want similar notoriety and who are cowardly, never being willing to trade fame for death. That's why we don't use shooter's full name-we use either his initials, the "defendant" , or other descriptors which don't offer him fame. I agree about the need for increased mental health awareness, but he did not have a 'brain disease' as others might. In fact, he researched neurocognitive anomalies for this very defense-'not something a schizophrenic patient could truly have the forethought to accomplish. He is legally sane-this was proven. A judicial penalty WILL prevent future heinous crimes such as this one.

by fascinated 7/14/2015 6:27:41 PM
Judge Samour citing case law that attorneys cannot unfairly denigrate experts

by Phil Tenser 7/14/2015 6:28:18 PM
I am listening while doing other things and very appreciative of Phil's explanations, particularly when the court is reading examples. I keep thinking when I tune back in that I'm hearing things about this specific case. So, thanks Phil! Your work is appreciated!

by CJ 7/14/2015 6:28:23 PM
@Hoddy the prosecution has the burden of proof so they get the rebuttal.

by Abrandt 7/14/2015 6:29:11 PM
Our legal expert thinks this is a preamble to siding with the prosecution

by Phil Tenser 7/14/2015 6:29:48 PM
No, none of the victims addressed the defendant directly when they testified But they can during the sentencing phase. If/when there is one.

by Lori James 7/14/2015 6:30:38 PM
I hope so, Phil.

by Lori James 7/14/2015 6:30:39 PM
@ Hoddy-burden of proof is on prosecution. Defendants are innocent until proven guilty, which is why prosecution gets chance for final rebuttal. Hope that helps.

by fascinated 7/14/2015 6:31:59 PM
@fascinated- respectfully disagree. I have not opposed the DP, but I also recognize that years of research support the notion that it does not serve as deterrent. And it's certainly not going to serve as deterrent for many who are mentally ill.

by Mr.D. 7/14/2015 6:33:14 PM
@Phil, coming back with the legal team? over lunch?

by NT8 7/14/2015 6:33:15 PM
@NT8: I think we're going to go to the replay I mentioned earlier, so we have a chance to eat too

by Phil Tenser 7/14/2015 6:33:27 PM
Judge's quotations done for now. He'll address the objections next

by Phil Tenser 7/14/2015 6:33:46 PM
- Judge's Order
Judge Samour says first batch of objections includes "he deceives everyone" and judge says that is problematic because the evidence doesn't reflect that. Also because it appears to be general attack on character. That slide will be taken out

by Phil Tenser 7/14/2015 6:35:20 PM
fascinated - I'm 66 years old now - had beliefs much like yours for most of my life - i.e., death verdicts can discourage people from committing these kinds of acts. Don't believe that anymore - this kind of deterrent simply has not worked. You are coming from the place of a healthy mind - most criminals are not.

by luce 7/14/2015 6:35:27 PM
Being a victim of a violent crime....it takes much courage to look at the defendant...I did it...and fell apart after I left the courtroom. It gives you a sense of power and also revisits the emotions(fear) of the crime first hand all over again.....so some might not want to look at him.

by A.L. 7/14/2015 6:36:15 PM
- Judge's Order
Judge Samour will allow other slides from that first objection, because they are specific examples of the deceptions the DA is arguing about

by Phil Tenser 7/14/2015 6:36:16 PM