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

My inner grammar geek is loving this part of the behind-the-scenes action! Semantics DO matter!

by jward12 7/13/2015 5:21:28 PM
@Mr. D - I think some of the victims wanted the case tried for DP.

And we have a governor here who won't do DP so even if he gets it, it would take a change in political nature of Colorado to actually see it carried out.

by NH 7/13/2015 5:21:35 PM
@MrD since when did money spent ever become involved in a criminal trial?

by NT8 7/13/2015 5:21:37 PM
@NT8 - I can't imagine a jury willing to make that risk. But that's me showing my lack of impartiality and the reason I never would've made it on this jury. I lived through Columbine (dated a guy on their football team at the time and had friends who hid in bathrooms). I couldn't do it.

by NH 7/13/2015 5:38:01 PM
Victoria, notice how the big blonde still digs into her scalp like she is looking for something? Oh hey, maybe we should keep the comments about the case, not the hairstyles.

by just me 7/13/2015 5:40:25 PM
Touchy-feel and loosey-goosey are now new legal terms via Orman

by Victoria 7/13/2015 5:40:26 PM
Well, it can't be said the DT isn't giving it all they have.

by kdsmith 7/13/2015 5:40:27 PM
Totally cracking up that judge Samour just said "Duh!"

by jward12 7/13/2015 5:40:28 PM
Ms. Spengler aka Ms. I always have to have the last word.....

by NH 7/13/2015 5:40:56 PM
I would have never made it on this jury as well...

by Ron 7/13/2015 5:41:15 PM
I'll bet JH would like to increase his self worth on Mr. Orman right now. LOL

by kdsmith 7/13/2015 5:41:16 PM
That's Ms. Nelson

by jward12 7/13/2015 5:42:37 PM
Orman rocks.

by Kels 7/13/2015 5:42:38 PM
Judge proposes this compromise, but the defense didn't like it: "the defendant asserts that his mental illness rose to the level of insanity on July 20, 2012
and that therefore he is not guilty of the crimes charged"

by Phil Tenser 7/13/2015 5:43:19 PM
Judge comes back, replies by saying "causation is not the question"

by Phil Tenser 7/13/2015 5:43:29 PM
I mean, why do you need to make it clear? You should have already made it clear.

by Kels 7/13/2015 5:43:33 PM
Orman knows his stuff...for sure.

by kdsmith 7/13/2015 5:43:33 PM
- Quote
"It isn't whether mental illness cause the crime or not. mental illness may have been a case but that doesn't mean he is insane" Judge says

by Phil Tenser 7/13/2015 5:44:08 PM
Judge says he is very concerned about a "proximate cause" concept and says they'd have to argue it during closing argument instead

by Phil Tenser 7/13/2015 5:45:17 PM
Judge says that based on case law he is allowing a lot more in this theory of instruction

by Phil Tenser 7/13/2015 5:46:22 PM
Defense declines Judge's offer to add the sentence quoted below

by Phil Tenser 7/13/2015 5:46:35 PM
They'll skip that line entirely

by Phil Tenser 7/13/2015 5:46:43 PM
James Holems smearing feces made me want to see if other men in custody for murder have done the same..I found that
Bryan Santana of Orlando, Florida
Bryan Schwartz, 27, of Terrytown, New Orleans, was removed from the courtroom on Thursday after covering his face in feces
Accused killer defecates in court, smears feces on his face, grins and says 'life is like a box of chocolates'

by Anita Bowen 7/13/2015 5:46:51 PM
What are the implications to GB- if any, if the jury comes back with LWOP and that is what was offered by DT prior to hearing? ( I understand that victim/survivors have had opportunity to have their say in a more public venue by having the trial.)

by Mr.D 7/13/2015 5:46:52 PM
when the day comes for the verdict to be read,, my only hope is that it brings some closure for the victims & the victims families and everyone else that has been directly & indirectly affected by the event of July 2012 , and helps in their own mental health healing process

by shuffie 7/13/2015 5:46:53 PM
Next, defense guides discussion to verdict form instruction

by Phil Tenser 7/13/2015 5:47:28 PM
I have also noticed that Ms.Teesh-Mcguire picks at her scalp. Maybe the claw-clips she sometimes wears dig into her scalp or something. It is just so clear to see on the camera.

by Sherrie H. 7/13/2015 5:47:38 PM
Now ya know if they LWOP him in GP, he would not last very long, that would end the appeals process also.

by NT8 7/13/2015 5:47:39 PM
@Anita, whoa! Ew! Gross! In court?! Was he deemed insane?

by Kels 7/13/2015 5:47:40 PM
Mr. D - implications would become personal opinion based (like if he ran for public office) but I think it could easily be counteracted by GB saying he did what the victims asked of him regardless of the outcome.

by NH 7/13/2015 5:50:40 PM
UNCONFIRMED INFO FROM ANOTHER SITE Schwartz was chained to other inmates in the jury box at the time. Following the incident, he was immediately removed by a corrections officer.
A witness told NOLA: 'As he walked out, he was just smiling at the crowd.'
His hearing was rescheduled.
It was not clear if Schwartz was suffering from mental illness. His attorney, Marquita Naquin, could not be reached for comment on Friday.
The 27-year-old and his girlfriend Misty Eiermann, 35, have both been charged in the second-degree murder of her mother, Mary Romano.
Ms Romano, 56, was found on September 9 beaten to death in her own home with a flashlight.
She had suffered severe head trauma and was pronounced dead at the scene.

by Anita Bowen edited by Phil Tenser 7/13/2015 5:50:41 PM
My goodness, that's a lot of paperwork...

by jward12 7/13/2015 5:50:42 PM
There was another man in the UK that did the same thing..not sure if they have been to trial..seems to be "the thing" these days

by Anita Bowen 7/13/2015 5:51:29 PM
NOTE: i'm not able to verify any of the information you are posting about other cases and I don't have the time to try. Please do try to limit your discussion to this case so that we avoid any potential misunderstanding or misinformation

by Phil Tenser 7/13/2015 5:52:03 PM
So now the DT is in Escape, evade, delay, and Obfuscate mode.

by NT8 7/13/2015 5:52:09 PM
Sorry

by Anita Bowen 7/13/2015 5:53:38 PM
@NH- of course, a very valid point, thanks for buttoning this up for me.

by Mr.D 7/13/2015 5:53:39 PM
What a verbal spanking. Nice job judge, for not letting the DT drag this on!

by kdsmith 7/13/2015 5:53:40 PM
Holmes would not go to General Population, like Dahmer chose. He would be sent to a mental health unit within a secure facility where he would be safe. He has family who loves him who will make sure he is protected from any form of rough justice.

by Frank 7/13/2015 5:54:24 PM
and here I thought we were done with Feces throwing against the wall to see what sticks.

by NT8 7/13/2015 5:54:26 PM
- Quote
"At this point, I'm more interested in moving on"

by Phil Tenser 7/13/2015 5:58:58 PM
Judge is getting upset at the DT... they are dragging their feet want to set it up for a new trial or a mistrial or a request or a MISTRIAL Once again.... Games and more Games!!

by LG 7/13/2015 5:59:00 PM
@mr. D - there has been speculation that GB has higher career ambitions (senator/governor are both titles I've read that were thrown out there). I would think a high profile case like is and his actions/decisions here will likely come into question if he continues in that direction.

by NH 7/13/2015 5:59:01 PM
@frank, yeah if he's ngri. if he's guilty he may well get put into gen pop. can't babysit him forever.

by blue 7/13/2015 5:59:02 PM
@NT8 I agree... I'm so over any Feces comments

by LG 7/13/2015 5:59:03 PM