Theater shooting trial ay 62: Phase 3 continues with families of those killed

Day 62 in the Aurora movie theater shooting trial – People vs. James Eagan Holmes. Today, prosecutors will call approximately nine more family members of the victims who were killed.

3rd & 7 37yd

@BluesB if I might chime in - the hold out juror who was against the DP (in the Arias case) had an ex-husband who was charged by Juan (DA) in another case. Totally inappropriate to have on the jury and jurors even wanted her removed because she refused to even talk with them. It was a travesty IMO and the trial such a freak show. Judge Samour has done such an incredible job in this case.

by Edy 8/5/2015 11:11:39 PM
Juan Martinez was the prosecutor on the Arias case.

by LoriJ 8/5/2015 11:11:40 PM
@flip I have seen full Nelson and its not pretty!

by tjq 8/5/2015 11:11:41 PM
@JW--hilarious. I can just see Higgs flapping her little hands and lifting off...

by flip 8/5/2015 11:11:46 PM
Lets remember this case is not about Arias, so lets focus on this case

by Phil Tenser 8/5/2015 11:12:01 PM
Next instruction is about lethal injection, Colorado's execution method

by Phil Tenser 8/5/2015 11:14:02 PM
Defense asks to include again that jury must assume the penalty would be carried out. Judge didn't think it is necessary, but agrees to add it

by Phil Tenser 8/5/2015 11:14:30 PM
The poor man will have to go to physical therapy in order to be able to look straight forward.

by JW 8/5/2015 11:17:24 PM
@tjq--Indeed it is not! Nor is the full-Higgs, for that matter.

by flip 8/5/2015 11:17:28 PM
Disregarding evidence etc is called jury nullification. The defense has wanted that all along. They didn't get it. So they keep trying to instruct the jury to do so. But this judge is too smart!

by LoriJ 8/5/2015 11:17:32 PM
They (DT) are referencing J. Gawhi's brother as a potential "witness to plead for mercy", I''ll bet (who is anti DP).

by BluesB 8/5/2015 11:17:39 PM
Kate, I think the officer will miss the imaginary Rubik's cube he has been playing with all along.

by Sophia 8/5/2015 11:17:46 PM
flip there were times that I thought we were going to be privy to Higg's rendition of Swan Lake.

by JW 8/5/2015 11:17:51 PM
I know it's not possible but when the sentence is the DP it should happen sooner than having to wait years to

by tjq 8/5/2015 11:17:59 PM
Inflicting sounds like a DT term - doesn't one enforce the sentence?

by Edy 8/5/2015 11:18:01 PM
Swivel, swivel.......dreaming of more impact statements to come.....swivel, swivel

by Sophia 8/5/2015 11:18:02 PM
Sophia-it was Nelson I believe... BTW-"inflicting" feels inflammatory to me, even though it's in case law. Thoughts?

by BluesB 8/5/2015 11:21:27 PM
@JW--I don't want that image in my mind, ever.

by flip 8/5/2015 11:21:28 PM
Edy-exactly. Doesn't feel like a neutral term....

by BluesB 8/5/2015 11:21:29 PM
Edy-exactly. Doesn't feel like a neutral term....

by BluesB 8/5/2015 11:21:31 PM
assume lol

by tjq 8/5/2015 11:21:32 PM
Sophia - I would bet that Dr. Gur could write a whole chapter about swiveling for her next book, due out in about an hour.

by JW 8/5/2015 11:21:33 PM
Nelson moves to preclude "non-statutory aggravation" on certain topics... but that will be held until tomorrow

by Phil Tenser 8/5/2015 11:22:05 PM
Next instruction is about phase 3, and is the same from the introduction, he says.

by Phil Tenser 8/5/2015 11:22:17 PM
Holmes, humming an old Beatles tune to himself: "Nothing's gonna change my world...nothing's gonna change my world"

by flip 8/5/2015 11:22:36 PM
@Flip-'Half-Nelson remark almost magde me do the milk through the nose laugh.

by BluesB 8/5/2015 11:22:39 PM
She's making a motion in limine now?? no notice to anyone?

by Sophia 8/5/2015 11:24:27 PM
Judge considering adding this instruction to the end of previous about impact evidence, at defense request

by Phil Tenser 8/5/2015 11:25:29 PM
Edwards seems to be arguing against

by Phil Tenser 8/5/2015 11:25:35 PM
Must be misplaced anger on my part, but I want to shove Edwards out of the way and stand up to Nelson myself!

by Sophia 8/5/2015 11:26:18 PM
Nelson, singing: "You say enforcing, I say inflicting....let's call the whole thing off"

by flip 8/5/2015 11:26:19 PM
I was called into a meeting, Going to catch up on your comments now

by Phil Tenser 8/5/2015 11:41:55 PM
The Judge has the patience of a saint!! I had to step away......

by Kristle 8/5/2015 11:41:57 PM
@JW--Title of Dr. Gur's next research paper to the Journal of Psychiatry: "The Frequency and Amplitude of Chair-Swiveling Directly Correlates to Severity of Schizophrenia".

by flip 8/5/2015 11:41:58 PM
Nelson had no objection to one model instruction! Strike me down!

by Sophia 8/5/2015 11:42:00 PM
I'm thinking the objections and edits the DT is trying to make are pretty meaningless in the big scheme of things. The jury will get to the heart of the instructions and do the right thing as they have all along. If this eliminates grounds for appeals in the future let them edit away!

by Edy 8/5/2015 11:42:04 PM
The DT has done nothing but stall from day one, as soon as they were given the case, even before they ever entered a court room. They know they have nothing, so the only thing they can do is delay, delay, delay and keep on delaying all the way to very end.

by Marti 8/5/2015 11:42:06 PM
Can J. Gawhi's brother be called at this point to give his anti DP opinion? Or do people think DT will cite it in their closing argument? Or will he address the judge at the end..? Phil? Thoughts? Or others?

by BluesB 8/5/2015 11:42:09 PM
@BluesB: No, because the defense already rested. That is past

by Phil Tenser 8/5/2015 11:42:21 PM
Flip, perfect song for JH!

by Sophia 8/5/2015 11:42:22 PM
Sophia-agree with you. Edwards needs a Red Bull & .00001% of Nelson's hypervigilance to detail...He's lost. Orman was so much better...

by BluesB 8/5/2015 11:42:25 PM
@BluesB--I'm going to need something stronger than milk after today's crying jags through the victim testimony. If it wasn't for some of the very funny people contributing to this blog, I'd be drinking and crying right now.

by flip 8/5/2015 11:42:32 PM
Hope Nelson has customized ortho shoes for the standing required for alll of her objections. She & Edwards are on opposite ends of the spectrum. Either Nelson's hyper squirrel mode or w/Edwards: feeling for a pulse. (!?!)

by BluesB 8/5/2015 11:42:35 PM
I agree with the judge he's the judge and Nelson you are just a little spot on the horizon.

by JW 8/5/2015 11:42:37 PM
While I firmly believe that Holmes deserves the Death Penalty (though I'm doubtful it will be carried out), LWOP doesn't strike me as a waste of a trial. The solitary life in a Super Max awaiting Death would probably suit Holmes. To be put into the General Population of a prison, where he would be forced to interact with people he will most likely consider his inferiors would probably be a living Hell to him. Unfortunately he would probably land in a protected hospital area, if not by a Doctors choice than by another performance.

by TB 8/5/2015 11:42:42 PM