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

Higgs says the former college roommate is studying butterfly migrations and they're worried he might not be available at the time he is ready to be called

by Phil Tenser 7/13/2015 6:55:44 PM
Lets see now, how many times did Samour ask when will you be finished? and he has worked with you?

by NT8 7/13/2015 6:56:10 PM
James has admitted to guilt, and was caught red handed. This trial would have taken 5 minutes in the old Colorado

by Mark 7/13/2015 6:56:11 PM
@frank if you think emotion can be left out then you are sorely mistaken. the goal of either side is to win and they will do whatever they can to try to do that.

by blue 7/13/2015 6:56:12 PM
Is the DT really going down this road? At this point in the trail???

by kdsmith 7/13/2015 6:56:13 PM
@Phil - like LG said, sections of Dr. Reid's testimony, especially the part judge Samour brought up today when Reid said that "but for..." Holmes moving to CO, Holmes going into the graduate program, etc. That was important for the prosecution's argument that the mental illness played a part but was not the entire reason for the shooting.

by jward12 7/13/2015 6:56:14 PM
It's going to take a day just for the jury to read through the instructions.

by kdsmith 7/13/2015 6:56:15 PM
Who has been harassed by the media? This is something I haven't heard before.

by NH 7/13/2015 6:57:05 PM
I hope the judge doesn't try to make accommodations for everyone. This thin will never end.

by litprof 7/13/2015 6:57:06 PM
@NH: Us too... not sure what they mean

by Phil Tenser 7/13/2015 6:57:15 PM
How is Holmes' childhood family friend going to tell us whether he knew right from wrong on July 20, 2012 when he murdered 12 people?

by Kels 7/13/2015 6:59:39 PM
@Kels: Remember this discussion is about what would happen IF FOUND GUILTY, and so this is about mitigating circumstances to avoid death penalty

by Phil Tenser 7/13/2015 7:00:10 PM
D7 Harrassing people? Where is the video of that? If it's not on video it did not happen!

by NT8 7/13/2015 7:00:11 PM
GAmes again I feel @Phil & NH

by LG 7/13/2015 7:00:14 PM
and its time for more delay, and Obfuscation.

by NT8 7/13/2015 7:00:15 PM
@blue @frank - emotion is why the defense wants JH called "Mr. Holmes" and not "the defendant". It humanizes him to the jury, hopefully helping them connect with him emotionally.

by jward12 7/13/2015 7:00:17 PM
@ Phil - Is this for the penalty phase of the trial? Must be.

by kdsmith 7/13/2015 7:00:19 PM
@kdsmith: correct

by Phil Tenser 7/13/2015 7:00:25 PM
All these people leaving the country right at the end of the trial. wonder why (except for the monarch butterfly guy)

by Ann 7/13/2015 7:00:28 PM
Is the defense trying to delay by wanting witnesses to testify in August? Why did they rest their case then?

by Marti 7/13/2015 7:00:29 PM
@ LG .... not a mute point, but then that's moot, isn't it.

As far as I understand, it was the DA's call to refuse the defense's offer of a guilty plea and LWOP. Of course he had input from victims and their families, many of whom pressed him for a death sentence. I'm sure there are many others who would have been very happy with the guilty plea and letting Holmes sink into total obscurity within the Colorado penitentiary system. Mr Brauchler has based his political career on his avid death penalty advocacy, all expenses paid by the State.

by Frank 7/13/2015 7:00:32 PM
@Phil... if all these DT witness knew they were going to be called why were they allowed to make all these extended trips?

by LG 7/13/2015 7:00:33 PM
This is a complete Crock

by NT8 7/13/2015 7:00:34 PM
Judge asks how setting a date would sole the problems she just described. Higgs said it won't, but would make it easier for others

by Phil Tenser 7/13/2015 7:02:02 PM
I don't see how any of this is the courts problem. This just sounds odd to me. If the witnesses are not available then they are not available. The court shouldn't have to work around THEM.

by FMM 7/13/2015 7:02:04 PM
Wow everyone is leaving town or the country!

by Suzanne 7/13/2015 7:02:05 PM
@kels - sentencing witnesses - people who are going to stand up and say what a great guy JH is and why he doesn't deserve to fry.

by NH 7/13/2015 7:02:05 PM
Thanks, Phil! That makes more sense. Feel free to delete that comment!

by Kels 7/13/2015 7:02:06 PM
Defense says they're assessing the length of their case at 2 weeks.

by Phil Tenser 7/13/2015 7:02:28 PM
Prosecution thinks they'd have a 3 day rebuttal for that part of the presentation

by Phil Tenser 7/13/2015 7:02:48 PM
@ Kels... The defense is anticipating the penalty phase, which is essentially a new trial. Holmes' guilt will already have been decided if/when these witnesses testify.

by Frank 7/13/2015 7:02:50 PM
Would those be broadcasted, or recorded an played within the penalty phase?

by Tammy Garrison 7/13/2015 7:02:51 PM
@ Phil...thanks! It is the only think that makes sense. These are the questions I ask when trying to work and eve's dropping on this court session.

by kdsmith 7/13/2015 7:02:52 PM
WOW Phil, stand by your video files may getting supeoned........ LOL! They have had 2-3 years for this trial.

by NT8 7/13/2015 7:02:53 PM
@frank. enough. You don't like Brauchler and are unhappy he chose to prosecute this case even though victims requested it. We get it.

by NH 7/13/2015 7:02:53 PM
Orman argues that video-recorded statements are for when someone is truly unavailable, not just inconvenienced.

by Phil Tenser 7/13/2015 7:04:26 PM
@NT8 I think you're referring to the "poor" job the DT has done. I guess? But they've had a tough case. I mean, this guy is terrible. It's not like they're going to be able to make a stellar case. They'll be judged in their careers by how well they polished this turd.

by Adam 7/13/2015 7:04:33 PM
40!

by Tammy Garrison 7/13/2015 7:04:34 PM
@Frank - I'm not going to even respond except ask when 12 people were killed, another 70 injured and a community terrorized yet again when is "emotionally charged testimony" appropriate? I don't think Brauchlerr choose this event to further his political career rather that it choose him!

by Just Thinkin 7/13/2015 7:04:35 PM
yeah Jimmy we are helping you by keeping you in County.......

by NT8 7/13/2015 7:04:36 PM
Judge says he doesn't see how the defense has established the "unavailability of these people"

by Phil Tenser 7/13/2015 7:06:07 PM
Judge says he'll consider the requests in the future if more information is provided, but not at this time. So far he says defense hasn't established hardship

by Phil Tenser 7/13/2015 7:08:06 PM
This is a very public case that a lot of people watch. Spending the time and money to really nail this case is important to our nation and our continuing belief in justice. The cost of the case pales in comparison to even a single moderate community center, and has much more value for the future of our nation.

by Adam 7/13/2015 7:08:07 PM
@Frank... I did mean "mute" as I stated that means I'm done talking about it for reasons already listed... as well as we can see your don't like GB!! Have a nice day~

by LG 7/13/2015 7:08:08 PM
Geee what is being cooked in the CROCK pot by the DT?

by NT8 7/13/2015 7:08:09 PM