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

Instruction #16: If not satisfied beyond a reasonable doubt of charges in previous instruction, once again there are lesser included offenses. For attempted-1st deg murder there is attempted 2nd degree murder and manslaughter

by Phil Tenser 7/14/2015 3:57:37 PM
This really brings to life DB opening statement. The carnage JH created is unthinkable.

by kdsmith 7/14/2015 3:58:16 PM
@Suzzanne, This should have been charged as an act of terrorism.

by NT8 7/14/2015 3:58:17 PM
Anyone else notice how JH keeps his hands in pockets when standing to "honor" jury? In the military, that's a blatant sign of casual form and disrespectful behavior. I think he knows that, I really do. It's one of the only way he can "rebel" & represent his hateful stance...'though not largely noticeable, I think his every move is calculated and purposeful.

by fascinated 7/14/2015 3:58:19 PM
There will probably be a break before closing statements.....at this rate...

by Tired 7/14/2015 3:58:22 PM
This is exhausting, hearing all of this information and what the jury really has to deal with in this case! He is already guilty of doing all of these things, even the defense said "we don't deny that he did this", the question is really, "not guilty by reason of insanity". That is really the only question here, not whether he actually did this, there is no question that he did the crime!

by tom 7/14/2015 3:59:32 PM
I sure wouldn't want to be the jury foreman

by LG 7/14/2015 3:59:33 PM
Anyone know how many instructions need to be read?

by mdesignz 7/14/2015 3:59:34 PM
@mdesignz: I think total is 24

by Phil Tenser 7/14/2015 3:59:39 PM
@NT8....I have wondered why this wasn't charged as terrorism....much better chance

by A.L. 7/14/2015 3:59:50 PM
@Tired Phil listed earleir they will have a break after the instructions before they start closing

by LG 7/14/2015 3:59:51 PM
Instruction 17: Reading the names for the second round of attempted murder charges

by Phil Tenser 7/14/2015 4:00:37 PM
Can't wait for instruction #23

by Humble Pride 7/14/2015 4:00:39 PM
I apologize if this was already answered but will the Court release a copy of the jury instructions?

by Michelle Fletcher Carder 7/14/2015 4:00:40 PM
LG-I need to stop working and pay attention.....

by Tired 7/14/2015 4:00:41 PM
@MichelleFletcherCarder: Unclear. Probably not. It isn't a published piece of evidence. If it does get published, it would be as a filing, but it isn't there yet. I checked earlier

by Phil Tenser 7/14/2015 4:01:10 PM
@AL, I think all these mass attacks should be charged that way. it obviously has gotten way out of hand.

by NT8 7/14/2015 4:01:12 PM
It just gets me that there aren't any charges for all the attempted murder of all the other people in the theater and at the 1690 Paris St apartment complex.

by Victoria 7/14/2015 4:01:13 PM
@fascinated: I did notice the hands in the pockets. I am not sure if he is aware of what that means to many people...but I did make note of it.

by Jill Wedding 7/14/2015 4:01:14 PM
@NT8... If this had been charged as an act of terrorism, we would never be here. JH would have disappeared into the hole of Guantanimo (sp?). Although I believe that alone would serve him right, the families and our community would not have had the closure that this trial offers. And conspiracy theories would have gone higher than the grassy knoll shooter.

by DocJ 7/14/2015 4:02:39 PM
Phil and everyone at 7News Denver: kudos for presenting the entire trial this way.

by mdesignz 7/14/2015 4:02:40 PM
@mdesignz: Thanks! We appreciate you all being involved

by Phil Tenser 7/14/2015 4:02:51 PM
@AL,,, it didn't fall into the definition under those laws

by shuffie cat 7/14/2015 4:02:54 PM
JH always has his hands in his pockets when he stands

by LG 7/14/2015 4:03:18 PM
@Phil WOW! Just glanced over the law docs of defendant's charges and they are nothing short of heartbreaking when you read the amount of injuries they suffered with :(

by Just Thinkin 7/14/2015 4:03:19 PM
Judge now defining attempted murder 1st degree w/ extreme indifference

by Phil Tenser 7/14/2015 4:03:49 PM
@Doc He would have gone to supermax not guantanamo

by Abrandt 7/14/2015 4:03:52 PM
@ Jill, what does the hands in the pocket mean?

by emma 7/14/2015 4:04:51 PM
Instruction #18: Lesser included offenses for attempted murder charges listed in instruction 17

by Phil Tenser 7/14/2015 4:05:14 PM
@fascinated - did you consider that JH is restrained and his hands in his pockets may not be "calculated and purposeful" but a requirement? his ankles are likely restrained as well as his waist.

by annabelle 7/14/2015 4:05:17 PM
@DocJ the Boston Bomber didnt fall into the black hole.......

by NT8 7/14/2015 4:05:19 PM
@fascinated I am pretty sure Holmes has been instructed by the CO to have his hands in his pockets when he is standing. That's an inmate thing. No need to make something out of nothing.

by Me 7/14/2015 4:05:21 PM
"It just gets me that there aren't any charges for all the attempted murder of all the other people in the theater and at the 1690 Paris St apartment complex."

The PT seriously considered that and determined that it would be FAR too unwieldy to try a case like that...probably more than a year...it was finally decided that only those killed or physically hurt would be charged...

by PA Watcher 7/14/2015 4:05:26 PM
@emma Defiance and anger

by Abrandt 7/14/2015 4:06:53 PM
@Abrandt... would we still have had a public trial if this case was tried as terrorism?

by DocJ 7/14/2015 4:06:54 PM
@PA we discussed that, The attempted murder charges are a back up incase he gets NG on these charges. Double jeopardy.

by NT8 7/14/2015 4:06:55 PM
I can't believe that "NOT GUILTY" is even on the table. By the way, how many instructions are there and why is #23 so important?

by Nadine 7/14/2015 4:07:13 PM
@Nadine: The later instructions include the definitions of insanity, that is why they were referenced

by Phil Tenser 7/14/2015 4:07:27 PM
PA Watcher, the PT said they could have done that and done it for Theater 8 as well, but didn't for the sake of time and money involved for bringing all those people in to testify.

by Tammy Garrison 7/14/2015 4:07:29 PM
The BB got an all expense paid vacation to Florence Colo. for now.

by NT8 7/14/2015 4:07:48 PM
thank you Abrandt

by emma 7/14/2015 4:08:03 PM
Instruction #23 is the one that defines Insanity.

by Humble Pride 7/14/2015 4:08:22 PM
I am still confused (what else is new?). If he is found guilty bot not insane it is murder in the 2nd? I am trying to follow the instructions and it is becoming a tangle in my brain.

by DocJ 7/14/2015 4:08:23 PM
Instruction #19: Count 141 is possession of explosive or incendiary device

by Phil Tenser 7/14/2015 4:08:24 PM
Just a thought. If the jury finds guilty for just one of the murder victims, what would cause them to not find him guilty of the other 11?

by Suzi 7/14/2015 4:08:28 PM