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

I think the jurors will need an attorney as a consult in the deliberation room to understand the verdict insructions.

by Tired 7/14/2015 4:08:51 PM
@Tired: But that isn't allowed... though they could ask questions of the judge about rules

by Phil Tenser 7/14/2015 4:08:58 PM
The fact of the matter is, Holmes would have taken a LWOP plea. If he doesn't get sentenced to death, that is entirely on George Brauchler and the total cost numbers will eliminate the death penalty from the state.

by panda 7/14/2015 4:09:21 PM
You hear these instructions, and you can't help but think that he is guilty...at LEAST on count 141...

by Kels 7/14/2015 4:09:53 PM
lol, guys, come on, stop making an issue over Holmes having his hands in his pockets. Trust me he has been instructed to do that by the jail. Most inmates have to do that in court. It helps the officers by giving them a second more to act in case the inmate decides to attack someone in the court room etc. nothing more.....

by Me 7/14/2015 4:09:55 PM
Instruction #20: Crime is a voluntary act prohibited by law combined with a culpable mental state (done consciously) and must be proven beyond a reasonable doubt (by the prosecution)

by Phil Tenser 7/14/2015 4:09:56 PM
So JH sister and parents chose not to testify. IMO they will speak after the verdict.

by Kristle 7/14/2015 4:10:32 PM
- Quote
"An act committed after deliberation is never one that has been committed in a hasty or impulsive manner"

by Phil Tenser 7/14/2015 4:10:55 PM
@phil--thanks. I am a newbee!!!

by Tired 7/14/2015 4:10:56 PM
@DocJ: The defendant can be found guilty, but not insane and it would not be murder in the 2nd. Murder in the 2nd is a lesser charge than murder with extreme indifference.

by BernerMom 7/14/2015 4:10:58 PM
@Kristle they will testify at the mitigation portion of the sentencing hearing if it gets to that point.

by panda 7/14/2015 4:11:22 PM
@Me that's why I posted they have been in his pockets everyday!!

by LG 7/14/2015 4:12:23 PM
@BMom...Thanks. Boy is Legal Team going to be busy at break. LOL

by DocJ 7/14/2015 4:12:25 PM
If found guilty there will be a penalty phase where we will hear victim impact statements and mitigating witnesses for JH.

by Abrandt 7/14/2015 4:12:25 PM
@Kristie..... yesterday DT listed they have a ton of ppl that will testify if it gets to sentence I have a feeling they might be on that list as well

by LG 7/14/2015 4:13:31 PM
How many instructions are there?

by chris 7/14/2015 4:13:32 PM
Phil, is that culpable mental state?

by Tammy Garrison 7/14/2015 4:13:32 PM
@Tired,,, ya joined a good blog group,,, interesting comments, place for all to support victims & each other

by shuffie cat 7/14/2015 4:13:33 PM
@DocJ...it depends...if the PT proves murder in the first degree (including that he is sane)...they cannot even consider murder in the second or manslaughter...if they find him NG of murder of the first degree (but sane) they then consider M2...if they find him G of M2 they do not consider manslaughter...if they find him sane but NG of M1 and M2 they then consider Manslaughter...hope that helps

by PA Watcher 7/14/2015 4:13:54 PM
Is it the plan for the jury to take the usual 1 1/2 hr lunch break today?

by LK 7/14/2015 4:13:56 PM
Kristle, Jh's parents have been in the court room. They can't be witnesses at this stage because of that. Second, witnesses are subpoenaed, they don't just walk into court and testify - i.e. it wasn't their decision to testify, or not.

by Mark 7/14/2015 4:13:57 PM
@Phil You guys rock at D7!! Before it gets too wild in here during closing arguments, thanks for providing this great blog!

by Just Thinkin 7/14/2015 4:14:46 PM
who prescribed JH vicodin and for what

by bob 7/14/2015 4:14:47 PM
Instruction #21: Defines words and phrases:
Deadly weapon - firearm or knife/bludgeon/weapon
Firearm - handgun, revolver, pistol, rifle, shotgun.
Explosive or incendiary device - includes water gel, slurry, C4, explosive agents, fuel oil, primers, booster, rdx, blasting caps, det cord, tnt, nitroglycerine, fire bomb, grenade, etc. Does not include ammunition from firearms.
Person - Human being who had been born and was alive at the time of the homicidal act.
Possession - voluntary act and awareness
Victim - Natural person against whom crime was perpetrated

by Phil Tenser 7/14/2015 4:14:59 PM
Instruction #22: Defendant's theory of defense -- legal insanity due to schizophrenic spectrum illness that led to psychotic delusion that gunman could increase self worth by killing others

by Phil Tenser 7/14/2015 4:15:16 PM
I got to wondering, did they do a toxicology on JH after arrest?

by Tammy Garrison 7/14/2015 4:15:33 PM
Ah OK @Mark

by Kristle 7/14/2015 4:15:35 PM
Great Job on that one Phil!

by NT8 7/14/2015 4:15:49 PM
Phil...are they going to post the jury forms?

by Robin 7/14/2015 4:15:55 PM
@Robin: Unclear but so far have not

by Phil Tenser 7/14/2015 4:16:05 PM
Thanks @ Phil! :o)

by Robin 7/14/2015 4:16:56 PM
JH won’t go to Super Max sense it is Federal. He will be in Canon City 4 mile State prison.

by dbf 7/14/2015 4:16:59 PM
I think they will publish the sample forms.

by Humble Pride 7/14/2015 4:17:00 PM
Instruction #23: Insanity as an affirmative defense. He was insane if he was so disease/defective as to be incapable of knowing right from wrong OR he suffered from condition of mind that prevented him from forming culpable mental state

by Phil Tenser 7/14/2015 4:17:02 PM
Thanks PA! I forgot all about M2 and MS during the trial.

by DocJ 7/14/2015 4:18:05 PM
this is the big one....I hope they go over this one many times

by A.L. 7/14/2015 4:18:27 PM
Prosecution has burden to prove beyond a reasonable doubt that the defendant was not insane at time of crime charged in each count

by Phil Tenser 7/14/2015 4:18:28 PM
So glad I decided not to become an attorney right now......

by Tired 7/14/2015 4:19:07 PM
This is why I love being a defense attorney.

by panda 7/14/2015 4:19:49 PM
Instruction #24: "incapable of distinguishing right from wrong" refers to cognitive inability to see those things based on societal standard for morality

by Phil Tenser 7/14/2015 4:20:47 PM
DocJ they didn't try the M2 and MS charges...they are LEGALLY included by definition in M1...

by PA Watcher 7/14/2015 4:20:51 PM
Aside from the EXTREME personal tragedy, loss, and many continued implications for victims of this horrific act, which CANNOT be understated, I find this process fascinating, vital, and am so grateful that we have the right to witness almost every aspect of the process. It's imperative to fully grasp the true implications of events such as this, the as well as the details and highly important "steps"-'most of which don't make the headlines. This strikes me a sort of "Super Bowl of the minds/intellect" (although I think PT/Brauchler clearly is brilliant, highly prepared, and would be in non-literal terms, "the winner"). That's one of MANY reasons it is so fascinating to watch and comment on. I'd rather watch this than a sports match any day (*NOT to truly compare the 2- One is a GAME, the other is a TRAGEDY, resulting in the implementation of a(n) historic, constitutional process which is essential as a part of our justice and democracy-'HUGE DIFFERENCE)...But this is absolutely riveting, AND there is an absolute need for justice for the many many victims. These factors all add up and are what makes it even more compelling and essential to be able to witness each element of how a sentence is reached.

by fascinated 7/14/2015 4:21:08 PM
@Panda---just not or me. But I am glad people are called to do it.

by Tired 7/14/2015 4:21:09 PM
Instruction #25: Informational instruction about NGRI commitment procedure

by Phil Tenser 7/14/2015 4:21:10 PM
How will today end? If each side has 2 hours total for closing, then will he send the jury home early and start deliberations tomorrow? Guess we shall see.

by Marti 7/14/2015 4:22:46 PM