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

@LG: Not until tomorrow, after closing arguments

by Phil Tenser 7/13/2015 5:03:38 PM
So not on the Denver Channel? Only You Tube?

by Tjq 7/13/2015 5:03:43 PM
@Tjq: We embed a YouTube-provided streamer on thedenverchannel and on our 7news app every day, we'll continue to do that

by Phil Tenser 7/13/2015 5:04:20 PM
Thanks Phil!

by kdsmith 7/13/2015 5:04:59 PM
Okay thank you Phil... I missed when they said they'd find out... that makes sense so they are all listening 100% ;)

by LG 7/13/2015 5:05:02 PM
@NH LWOP or the DP is the only thing I believe after hearing all of it. IMPO, THE DT has Done a slip Shod job starting with their opening Statements. IMPO is he should get a new trial due to the DT lawyers alone.

by NT8 7/13/2015 5:05:59 PM
This is going to be pretty dramatic

by Tjq 7/13/2015 5:06:14 PM
Bench conference about jury list ended. Judge saying we'll next hear discussion about penalty phase instructions

by Phil Tenser 7/13/2015 5:06:28 PM
Judge Samour asking if defense has had opportunity to read forms and instructions

by Phil Tenser 7/13/2015 5:07:12 PM
He won't get a new trial

by Tjq 7/13/2015 5:07:13 PM
@NT8 - do you think it's poor DT performance/handling of case or do you think they just don't have anything?

by NH 7/13/2015 5:07:31 PM
I know jurors are selected very carefully. I wish I knew if the 5 dismissed were the selected preference of the prosecution or the defense or either, realizing they may all have been alternates for all we know.

by Tammy Garrison 7/13/2015 5:07:33 PM
Notice how Spengler doesn't do the hair tuck on non-jury days.

by Victoria 7/13/2015 5:07:37 PM
@jward regarding the unborn child being considered a victim question. It's been a while but if I remember correctly it goes by state. And I THINK the unborn child has to be able to sustain life outside the womb, so around 23ish weeks or so?

by Della (Me) 7/13/2015 5:07:58 PM
@Della(Me): More-or-less correct. In Colorado, the most recent example of this question was the Michelle Wilkins case
Coroner issues report on baby cut from womb of Michelle Wilkins
7NEWSThe coroner's office has released its investigation into the death of an unborn baby cut from a Longmont woman's womb.

by Phil Tenser 7/13/2015 5:08:42 PM
@tjq you must hear the fat lady slinging?

by NT8 7/13/2015 5:08:45 PM
DT say they prefer the current draft of the informational instruction about commitment in the event of NGRI, but asking to clarify "this court" would be doing the commitment

by Phil Tenser 7/13/2015 5:09:16 PM
@NH, both, But they chose the "experts" psychs they hired. AC destroyed all of them.

by NT8 7/13/2015 5:09:18 PM
AC rolled through them all like a tank.

by NT8 7/13/2015 5:10:02 PM
That's silly. Of course it's "THIS" court.

by FMM 7/13/2015 5:11:08 PM
Debate here is over semantics. Would "this court" imply that only this one judge could have decision making power in the future? Judge says he will change the first reference to "this court"

by Phil Tenser 7/13/2015 5:11:44 PM
I did wonder why they never got a forensic psychiatrist to testify for them, unless it was because they couldn't find one that would declare him legally insane.

by Tammy Garrison 7/13/2015 5:11:46 PM
@NT8 - saw that. It was a massacre - embarrassing. Wonder if any of this plays into appeals case - like they felt they didn't have much to work with so did a poor job with intentions of using it as grounds for appeal. May be even more interesting to follow what happens after especially if DP or LWOP.

by NH 7/13/2015 5:11:50 PM
Next, defense asks court to consider adding the paragraphs about burden of proof and language about the terms and condition of release in the event of a future release following an NGRI finding. Judge denied this before

by Phil Tenser 7/13/2015 5:12:42 PM
Prosecution says they believed the defense statement was inaccurate and also too long. Judge agreed

by Phil Tenser 7/13/2015 5:13:09 PM
I'm sorry. I don't know what DP and LWOP mean.

by Tammy Garrison 7/13/2015 5:13:11 PM
@TammyGarrison: shorthand for
death penalty and life without parole

by Phil Tenser 7/13/2015 5:13:53 PM
@tammy - death penalty and life without parole

by NH 7/13/2015 5:13:56 PM
I'm behind by about four days. Did the defense rest already?

by MelRunTheWorld 7/13/2015 5:13:58 PM
JH isn't swaying in his chair any longer. I believe he is smart enough to know his fate at this time.

by kdsmith 7/13/2015 5:14:03 PM
@NH just what do they think a Mistrial would gain them? LWOP? NGBRI would require good PSYCHS, not one that would be torn apart on the stand. Just a major fail IMPO.

by NT8 7/13/2015 5:14:05 PM
Request denied, again

by Phil Tenser 7/13/2015 5:14:48 PM
Death Penalty is tough to get anywhere.

by NT8 7/13/2015 5:15:08 PM
Next, defense wants to discuss "theory of defense" instruction

by Phil Tenser 7/13/2015 5:15:24 PM
@Della - yeah, that makes sense. I was just curious, but had been afraid to ask, knowing that ppl tend to hold strong opinions about the subject.

by jward12 7/13/2015 5:15:30 PM
Judge reading his current draft of this instruction

by Phil Tenser 7/13/2015 5:16:54 PM
@NT8 - agree nothing to gain in a mistrial but is that only option of an appellate review? (Atty I worked for was family law - we didn't deal with appeal cases).

by NH 7/13/2015 5:16:56 PM
@NH enjoying the Discussion today!

by NT8 7/13/2015 5:16:57 PM
@NT8-if death penalty is "tough to get anywhere", why did GB reject LWOP? Wouldn't this save taxpayers in regard to this first lengthy hearing, and then the appeals?

by Mr.D 7/13/2015 5:18:47 PM
Orman objects to defense version because it sounds like it is a statement from the defendant. Judge agrees

by Phil Tenser 7/13/2015 5:19:20 PM
@NH IMPO they (the DT) do not have his best interest at heart. County time is way worse than state Prison time, or CMHIP time.

by NT8 7/13/2015 5:19:22 PM
AC is going after political gain IMPO.

by NT8 7/13/2015 5:21:10 PM
@ Phil - Do you know if JH parents are in court with him today?

by kdsmith 7/13/2015 5:21:10 PM
@kdsmith: They usually are, but I can't see any more than you can over this camera

by Phil Tenser 7/13/2015 5:21:26 PM
Agreed

by Ron 7/13/2015 5:21:27 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.

Coroner issues report on baby cut from womb of Michelle Wilkins