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

by Phil Tenser 7/13/2015 6:19:36 PM
I think the DT is trying to annoy the judge to the point he makes a decision to the point they can appeal it later!

by Just Thinkin 7/13/2015 6:19:38 PM
@LG Because it is a death penalty case and the State is required by law to provide for a vigorous defense. Besides, within this case Mr Holmes, being older than 21, is his own financial agent. Since he is indigent the State must cover all expenses. His family's primary support will be through visiting him and maintaining close contact with prison officials who would certainly not want Holmes to come to any harm on their watch. The death penalty was Brauchler's choice, so the extreme expense of the prosecution should be laid at his door, imho.

by Frank 7/13/2015 6:20:43 PM
Judge asks Nelson for the next suggestion. Nelson says it is proposed changes to instruction about the insanity defense

by Phil Tenser 7/13/2015 6:21:28 PM
@phil on next break can we go over the sentencing process?

by blue 7/13/2015 6:21:51 PM
@CindyL that's fine in your thinking but I know that most parents will get their children the best representation possible if they have the means as Frank listed they have financial and not leave it up to Free representation as JH has...but they we all know JH took Grant money to pay for his guns, amino, etc....

by LG 7/13/2015 6:21:53 PM
If I was a juror, I think it might take me AT LEAST a whole day to go through and understand all the jury instructions.

by Tammy Garrison 7/13/2015 6:21:55 PM
- Quote
"Same objection. Same ruling" Samour says

by Phil Tenser 7/13/2015 6:22:55 PM
Very confusing and wonder if the jury is going to be confused

by Dkf 7/13/2015 6:22:57 PM
Geez and I thought today was going to be boring. NOT!

by Ann 7/13/2015 6:22:58 PM
I disagree with the Judge. If he affirmed an oath to the U.S. Constitution to uphold it then he is obligated to first uphold the U.S. Constitution. His primary obligation is not to the Supreme Court case law, not to Colorado Constitution nor Colorado Supreme Court case law. Not to say that he is violating the U.S. Constitution (I don't know where that would even be). He should not nor cannot remove his obligation to the U.S. Constitution in any form or fashion.

by CindyL 7/13/2015 6:26:45 PM
@Frank, yes I agree the expense is because of prosecution's choice to not accept the plea, but I just don't see how you can settle this case by accepting that. Ugh, I'm conflicted. I don't think it's right that we have to pay for it, but I believe justice is necessary always. These families, victims, survivors deserve justice.

by Kels 7/13/2015 6:26:47 PM
The discussion in here is really great today folks! I for one am really enjoying it today! Thanks to you all for debating opinions nicely!

by NT8 7/13/2015 6:26:49 PM
@frank, so now his family is only to support him by trying to get him preferential treatment by talking to prison officials? earlier you said 'they have financial means and will continue to bring whatever influence they have to bear on his conditions of incarceration.' so is that not true now?
a prison sentence is a prison sentence. no one gets special treatment.
not to mention their communication with him has been close to nil. even before the crime.

by blue 7/13/2015 6:26:54 PM
If I was a juror, I'm sure that I would have already made up my mind what the verdict should be...without need of further instructions.

by Ron 7/13/2015 6:26:56 PM
Perhaps the DT would like to write the entire instructions portion? Maybe even be in the room with the jury when they deliberate???

by kdsmith 7/13/2015 6:26:57 PM
I have jury duty on Monday 7/20 in this courthouse. If no verdict reached by then, I'm anticpating a media frenzy.

by DP 7/13/2015 6:27:00 PM
I may just need a nap, but Ms. Nelson is starting to sound like the teacher from Charlie Brown cartoons.

by jward12 7/13/2015 6:27:01 PM
I think both of the police officers and a couple of the attorneys have dozed off.

by Sherrie H. 7/13/2015 6:27:02 PM
@Frank he is a free loader in my book he took Grant money to pay for the items and killed these people as well set up the bombing apartment he lived in... also GB alone didn't make the choice of what charges to bring .... there was a long process with all the families and victims.. I don't think it's right we as the tax payers should have had to pay to defend him...

by LG 7/13/2015 6:27:03 PM
@cindy his loyalty is to the state.

by blue 7/13/2015 6:28:13 PM
@Dkf - this is lawyer talk. Can you make it any more complicated, Nelson!

by Suzanne 7/13/2015 6:28:14 PM
@ Phil, I know you have posted the 3 on death row and where they came from before.

by NT8 7/13/2015 6:28:15 PM
@DP, you'll have to let us know what it's like!

by Kels 7/13/2015 6:28:18 PM
@cindyl- judges references to state law are ok. This Murder charge is not a federal crime therefore US constitution and federal law do not apply. Only state law

by NH 7/13/2015 6:29:20 PM
We're not paying to defend HIM. We pay to defend the Constitution. If we don't give even him a good defense, then our justice system is arbitrary.

by Adam 7/13/2015 6:29:21 PM
While this work is ongoing in the courtroom, I'm working on my lists of the key moments and most emotional moments. What do you think I should include?

by Phil Tenser 7/13/2015 6:29:48 PM
@blue: there are two cindy's that have commented during the trial. I am CindyL (capital C & L) and the other Cindy is spelled, "cindy." So which one are you addressing?

by CindyL 7/13/2015 6:32:22 PM
With jury makeup (mostly female), I feel they will find him guilty, but spare him the death penalty due to mental illness. There are several jurors that have exposure to mental illness issues, which could put some spin on it.

by trl2 7/13/2015 6:32:25 PM
@Phil, Maybe a loop video of how many times they have argued the same points over the last 48 days?

by NT8 7/13/2015 6:32:27 PM
@ Phil - key moments for the day or the entire trial?

by kdsmith 7/13/2015 6:32:29 PM
@kdsmith: entire trial

by Phil Tenser 7/13/2015 6:32:33 PM
@phil ashley moser seeing veronica's photo.

by blue 7/13/2015 6:32:34 PM
@Phil, make sure to include Ashley Moser as one of the emotional moments

by Liz 7/13/2015 6:32:35 PM
@Adam, nicely said.

by Mr.D 7/13/2015 6:32:37 PM
@Phil - when the police officers and first responders break down talking about the theater scene. (And, as a personal request, the time that Judge Samour told Ms. Nelson "No, we're done. Thank you.")

by jward12 7/13/2015 6:32:38 PM
Shhhh Nellson

by Tjq 7/13/2015 6:32:42 PM
Judge says Nelson's position was consistent with his original draft, but he later realized he was wrong

by Phil Tenser 7/13/2015 6:33:19 PM
@ Adam with that statement I sure hope you feel safer knowing just how good the DT is.

by NT8 7/13/2015 6:33:21 PM
Interesting way of looking at it Adam, but obviously the constitution is not on trial here, so I respectively disagree.

by Mark 7/13/2015 6:33:22 PM
@ LG Holmes is indigent. The several thousands of dollars he spent on weapons and explosives have already been spent, I'm afraid, and are not available for his defense, or his decades of appeals. They wouldn't pay for one day of this trial. The choice to finance this prosecution was the State's and the State's alone. Holmes wanted to plead guilty and get LWOP, with appeals. It was Brauchler's decision to to procede with this hugely expensive, decades long prosecution.

by Frank edited by Phil Tenser 7/13/2015 6:34:43 PM
Key moments: all experts and doctors @ DMC agreeing that he is mentally ill.
testimony of officers first in the theater
911 cal w/ shots in background
show a theater seating drawing where all of the murdered victims were sitting

by trl2 7/13/2015 6:34:44 PM
@CINDYL the other cindy didn't ask a question/post a comment about the judge and hasn't posted in some time.

by blue 7/13/2015 6:34:52 PM
Don't omit the paralyzed lady who lost her born and unborn child. Also, I think post card comment by prosecution was hilariously on point. JMPO I'll submit more in a bit.

by kdsmith 7/13/2015 6:34:53 PM
"Just one more thing"

by Phil Tenser 7/13/2015 6:35:03 PM