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

Well lets continue to discuss the specifics on ngbri That is my suggestion.

by NT8 7/13/2015 4:26:39 PM
Well, I'm probably the only one but I'm still trying to understand exactly what culpable mental state is. I think I got it, but it still feels iffy.

by Tammy Garrison 7/13/2015 4:26:41 PM
@Phil... what is the toughest sentence he could get other then 100% guilty on all counts?

by LG 7/13/2015 4:26:45 PM
Did i understand after reading kels post that JH could actually end up in an unlocked facility with unsecured grounds?

by Utah 7/13/2015 4:26:46 PM
i picture phil 'standing ready' as gerard butler preparing for battle on 300.. LOL

by blue 7/13/2015 4:26:47 PM
@Phil ..talk more about if he gets out...or could get out. Thanks!

by Cricket 7/13/2015 4:26:49 PM
Random question... Can the jury request to re watch any of the prior testimony during deliberations?

by Mark 7/13/2015 4:26:50 PM
@Phil - if we get to sentencing - and victims come to testify - how long do they get to testify - is there a feel for how many choose to speak, etc.? Who all is anticipated to speak on behalf of "that guy"? There was much discussion about the scheduling of the people to speak on his behalf?

- ALSO _ what do they mean about speaking about the penalty motion???

by Tami in GA 7/13/2015 4:26:52 PM
Does anyone else think of Ms Nelson as a "housekeeping" lawyer?

by Victoria 7/13/2015 4:27:02 PM
So if he is found guilty by reason of insanity there will be no sentence phase?

by Dkf 7/13/2015 4:27:03 PM
Can he be found just plain old NOT guilty?

by Cricket 7/13/2015 4:27:04 PM
@phil - I think I remember that Colorado doesn't have a "temporary insanity" plea, but if JH's state of mind fluctuates between psychotic and not psychotic periods, doesn't that make it temporary? I guess I'm just confused between temporary insanity and CO's version of NGBRI.

by jward12 7/13/2015 4:27:05 PM
@Phil, Friday talked about the sentencing and the verbiage "if it reaches that phase." Doesn't the jury decide this? Is a sentencing trial if the jury does not elect for the death penalty and finds him NGRI?

by JG 7/13/2015 4:27:08 PM
Who else is housed there that we would know?

by TammyC 7/13/2015 4:27:11 PM
Cool you just taught me what the little google man is for... lol Tks

by LG 7/13/2015 4:27:26 PM
Dexter and Lake Pueblo sound like a good fate for JH.

by Stephany 7/13/2015 4:27:28 PM
could he face death if he is found guilty?

by briannam0niqu3 7/13/2015 4:27:30 PM
the way i understood on friday was he's either ngri on all counts or guilty on all counts. you can't be insane for somethings and sane for others.. is that a correct interpretation?

by blue 7/13/2015 4:27:31 PM
I could see NGBRI on Murder, but guilty on weapons charges.

by NT8 7/13/2015 4:27:34 PM
This might have been asked already. How long during the day does is the jury allowed to deliberate? Is it like, a 9:00-5:00 day or they go as long as they can? How does that all work?

by FMM 7/13/2015 4:27:38 PM
@FMM: that should be correct

by Phil Tenser 7/13/2015 4:27:45 PM
@blue: That is correct

by Phil Tenser 7/13/2015 4:27:55 PM
If found guilty where will Holmes be sent...death row location?

by Cricket 7/13/2015 4:27:58 PM
If James E. Homes is found guilty can he be sentenced to life in prison or death row?

by briannam0niqu3 7/13/2015 4:28:01 PM
How likely is it that the judge will delay this trial to allow defense "character" witnesses to be available. I think the defense said some of their witnesses would NOT be available until August.

by Kathy 7/13/2015 4:28:04 PM
Will closings be on TV? D7?

by Cricket 7/13/2015 4:28:05 PM
Would they try to change the location of a second trial in the event of a hung jury?

by jward12 7/13/2015 4:28:06 PM
@jward12: Unclear, but doubtful

by Phil Tenser 7/13/2015 4:28:17 PM
What are you and Anica going to do after the trial? Just report everyday news? Thanks for doing such a great job here!

by Ann 7/13/2015 4:28:20 PM
@Ann: Thanks! We'll go back to our normal tasks full-time. Covering news of the day

by Phil Tenser 7/13/2015 4:28:37 PM
@Phil Tesnar have you personally met or interviewed JH parents ?

by Dan 7/13/2015 4:28:39 PM
@Dan: I have not, but I've seen them in the halls of the court. I believe they've only given one interview to a Cali newspaper.

by Phil Tenser 7/13/2015 4:28:50 PM
As a past employee on maximum security with the mental health institute with over 20 years service, I would comment that although this facility looks like a prison, there are multiple modalities of treatment that will be initiated should he be adjudicated as NGRI...

by Dan 7/13/2015 4:29:14 PM
Nice timeline, Phil!!

by jward12 7/13/2015 4:29:18 PM
Was it ever said how much Dr Gur was paid?

by Victoria 7/13/2015 4:29:21 PM
@Victoria: Not at this time

by Phil Tenser 7/13/2015 4:29:26 PM
Not wanting to open up a Pandora's box, but this question has been nagging at me this whole trial: Should Ashley Moser's unborn baby be counted as a victim? Better question I guess would be CAN an unborn child be considered a victim LEGALLY?

by jward12 7/13/2015 4:29:29 PM
@jward12: Cannot be considered that way in Colorado

by Phil Tenser 7/13/2015 4:29:46 PM
Much was made of the gunman's relationship with his sister (early on). Have there been any interviews, etc. with the sister? Have "we" heard from her at any time pre-trial? (Did she attend any of the court proceedings?)

by Tami in GA 7/13/2015 4:29:50 PM
I forgot about today! I got so busy with chores and stuff I forgot about the hearings today. Glad to see everyone is here. Phil's tie has to go. I think we should all send him a tie at the end of this as a thank you. lol!

by DocJ 7/13/2015 4:29:52 PM
@jward12 - Life time of charades...24/7. Now that would be punishment...LOL

by kdsmith 7/13/2015 4:29:58 PM
Thought it was a grand moment when King whispered to Spengler: "No! She's not board certified in anything!"

by Tammy Garrison 7/13/2015 4:29:59 PM
So many gunshots. Geez.

by MacGruber 7/13/2015 4:30:01 PM
@jward not in colorado unless it is determined that the baby was alive outside of the womb before dying.

by blue 7/13/2015 4:35:15 PM
I agree DocJ, already thought it actually......get out of my brain! ;-)

by Stephany 7/13/2015 4:35:17 PM