Theater shooting trial day 48: Hearing to finalize jury instructions prior to closing argument

Attorneys will gather in court without the jury to debate and finalize the instructions and procedures to be given to the jury for deliberations. Closing arguments are scheduled for Tuesday.

3rd & 7 37yd

KIng is not in court today....

by Tired 7/13/2015 3:18:36 PM
Now discussing when/where in the instructions to define culpable mental state

by Phil Tenser 7/13/2015 3:20:06 PM
King and GB are most likely getting things together for their closing tomorrow~

by LG 7/13/2015 3:20:11 PM
@LG: exactly right

by Phil Tenser 7/13/2015 3:20:16 PM
(whispers to jward12) gotcha covered hon,, my background also includes medical first responder ,, if ya need me, think "shuffie" for a first name should be considered too lol

by shuffie 7/13/2015 3:20:20 PM
Next is the sanity instruction Samour says

by Phil Tenser 7/13/2015 3:21:38 PM
"prosecution must disprove beyond a reasonable doubt both of the above..." That references in the insanity prongs of culpable mental state or knowing right from wrong

by Phil Tenser 7/13/2015 3:22:41 PM
Still trying to see an argument where JH would not be guilty of culpable mental state. Someone please give me an argument for this not being the case.

by Tammy Garrison 7/13/2015 3:22:57 PM
The basis for these instructions that are being discussed is here: www.courts.state.co.us

by Phil Tenser 7/13/2015 3:23:00 PM
Phil - at some point (I thought) there was info on all the attorneys? Is there a link? Thanks very much.

I've not yet said how much I appreciate all you and your team have done. I'm from GA...my interest in this was that we (my son, my husband & I) had all gone to our local premier of Batman on July 19-20, 2012, only to come home and see the horror of your community when we turned the tv on. I've followed the story and was interested to be able to stream the trial. What a learning experience - very emotional - infuriating - and educational. You all have done a great job.

by Tami in GA 7/13/2015 3:23:07 PM
@TamiinGA: Thanks so much Tami! And we did have a story about those attorneys... here:
Aurora movie theater shooting: Attorneys who'll be trying to prove James Holmes' guilt or innocence
7NEWSTeams of attorneys will be in the courtroom for months, trying to prove their points about James Holmes.

by Phil Tenser 7/13/2015 3:24:28 PM
@shuffie - lol Gregory Alan means "watchful, alert; handsome". He's been SO active, to the point where even the doctor is surprised with how much he moves, so we thought it fitting.

by jward12 7/13/2015 3:24:33 PM
Judge makes a record that defense is asking for instruction about commitment procedures. Last time we discussed this, they were asking for a much longer version. Judge says the reason this is allowed is to explain what happens in the event of an NGRI finding

by Phil Tenser 7/13/2015 3:27:40 PM
@jward12,, thats a wonderful choice,, my best to you & your family,, hugs my friend

by shuffie 7/13/2015 3:27:41 PM
Suggestion - for later today if this ends early - I went back and have re-listened to the opening arguments - sort of brings everything full circle - mentions a few things I must have missed prior - which puts a few things in perspective.... If later you find yourself with nothing to listen to... not a bad idea....
www.thedenverchannel.com

by Tami in GA 7/13/2015 3:27:46 PM
Phil, re updates, will we have access to the "Galactic Colonization" writings from jail?

by LorettaOstmann 7/13/2015 3:28:32 PM
@LorettaOstmann: We should get those around lunch today IF they fall under the ruling (I think they do...)

by Phil Tenser 7/13/2015 3:29:11 PM
Rhetorical question from the judge: How much detail is appropriate? Judge says the goal is a "brief description" and he's only making minor changes to language

by Phil Tenser 7/13/2015 3:31:31 PM
@shuffie - thank you!! It's been fun passing these last few weeks with y'all! =)

by jward12 7/13/2015 3:32:59 PM
Judge says this language is the test for release if the defendant is committed due to an NGRI finding: "The defendant has no abnormal mental condition that would likely cause him to be dangerous to himself or others or the community in the foreseeable future..."

by Phil Tenser 7/13/2015 3:34:08 PM
Phil, Do you know if any of the family's on both sides are in the court room today?

by LG 7/13/2015 3:34:12 PM
@LG: I cannot answer that at this time as my view is limited to the same view you are seeing. I suspect some are, as they have been every day... but I don't know at this moment

by Phil Tenser 7/13/2015 3:34:48 PM
Good Morning All. I feel quite foolish. After following this trial closely, only now am I aware that JH's defense team originally agreed to plead guilty in exchange for life in prison without chance for parole. It was rejected by GB so that the death penalty could be pursued. Among other things, this could explain the difficulties DT had (as borne out in last week's@7survey).

by Mr.D 7/13/2015 3:36:05 PM
Thank you..

by LG 7/13/2015 3:36:06 PM
@phil,,,,,,not sure if this has been done already or not,, is there a room out in Social Media platform for the peoples who have come here to this blog to join to keep supporting each other either now or after the trial is all over,, some of the peoples in here are making friendships

by shuffie 7/13/2015 3:37:58 PM
@shuffie: I know some viewers have their own Facebook group... but at this time our coverage plans are limited to the trial itself

by Phil Tenser 7/13/2015 3:38:23 PM
JH, if found guilty by reason of insanity, would be held at a state (CMHIP) institution not a federal institution, correct? (Jared Lee Loughner is being held at the US Medical Center for Federal Prisoners in Springfield Missouri)

by Victoria 7/13/2015 3:38:39 PM
@Victoria: That is correct. CMHIP is the most likely place he'd go... but that isn't guaranteed. The state would have the option to send him to another hospital if they think it would be better, but CHMIP is a very big and well-prepared institution

by Phil Tenser 7/13/2015 3:39:45 PM
@ phil thanks for the info,,

by shuffie 7/13/2015 3:40:25 PM
Judge Samour says Part B of the verdict forms asks if they found not guilty based on insanity... and they only answer Part B if they do not find guilt. This instruction he's reading is meant to clarify that a finding on one of those does not limit them to the same finding on other charges. So he could be found NGRI on some but not all. Also clarifies that they don't get to Part B of the form unless the "lesser included offenses" are also not guilty

by Phil Tenser 7/13/2015 3:41:46 PM
Phil, is the CMHIP cushy or posh compared to prison?

by Utah 7/13/2015 3:42:19 PM
@Utah: I can't say I've ever been inside, but I've driven through and around the campus. It appears to have both hospital buildings and others that look more like a jail with fences and security and such. It is a very huge campus

by Phil Tenser 7/13/2015 3:43:03 PM
I think that was something Pearson made a point in court when they were first going over the instructions. She wanted to court to know that hey, he'll most likely stay in Colorado, but there is a chance DHR can send him anywhere AND even though he'll be in an institution, locked or not locked, the grounds themselves may not be secure.

by Kels 7/13/2015 3:43:22 PM
- Judge's Order
Judge strikes D291 as improperly filed, because it included both records and suggested rules

by Phil Tenser 7/13/2015 3:43:59 PM
@Phil... thank you for putting the instructions in layman's terms... ;)

by LG 7/13/2015 3:45:12 PM
Once again, JH has to be pissing in his pants right now with that cold sweet . The all or nothing scenario...makes him a walking dead man.

by kdsmith 7/13/2015 3:45:13 PM
@Phil- thanks!

by Victoria 7/13/2015 3:45:14 PM
If they do send JH to the hospital, I hope he's kept in some sort of group environment regularly. Forced to play charades or pictionary....

by jward12 7/13/2015 3:45:16 PM
@Utah - my husband does building automation (HVAC controls) and has been inside of some of the buildings at CMHIP. It's nicer than jail. Plain and sterile more like hospital. But more amenities at least inside of the buildings he's been in.

by NH 7/13/2015 3:47:09 PM
@Phil - Thanks for the link to the attorneys!

by Tami in GA 7/13/2015 3:47:10 PM
you got the legal team today?

by NT8 7/13/2015 3:47:20 PM
@NT8: Not at this hour... but I stand ready to do my best

by Phil Tenser 7/13/2015 3:47:30 PM
We're going to have some time to take more questions during this recess... what do you want to talk about?

by Phil Tenser 7/13/2015 4:26:11 PM
Got a lot of your questions to publish now, since I wasn't able to click approval on them while on set... here they come

by Phil Tenser 7/13/2015 4:26:31 PM
the fb group is secret and virtually unfindable. and very selective.

by doggett 7/13/2015 4:26:38 PM

Theater shooting trial day 48: Hearing to finalize jury instructions prior to closing argument

Attorneys will gather in court without the jury to debate and finalize the instructions and procedures to be given to the jury for deliberations. Closing arguments are scheduled for Tuesday.

Aurora movie theater shooting: Attorneys who'll be trying to prove James Holmes' guilt or innocence