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Theater shooting trial day 53: Start of the penalty process
Day 53 in the Aurora movie theater shooting trial – People vs. James Eagan Holmes. Today, the penalty phase of the case begins. The jury found Holmes to be legally sane and therefore guilty when he went into the midnight premiere of the Dark Knight Rises in an Aurora, Colorado, movie theater and opened fire on the audience, killing 12 and wounding 70.
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@DocJ I believe life is exactly as it reads he would die in prison. Judge could add that he is serving 12 consecutive life sentences and could add any # of years for the 70counts of attempted murder. I dont think he stands a chance at ever having any chance of being released
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I'm not sure I like how the defense can cite rulings from previous trials. Even though they may be similar, there have to be an extreme amount of dissimilarities between the trials, scenarios, crime committed, etc.. for the judge to have to review in order to determine if the cited ruling should be considered in this case. Not only is it not fair to Judge Samour, it does nothing more than delay this trial even more than it has been delayed already.
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@PA Watcher. Ahh. O.K. I am now wondering (This drives Hubby crazy - I always have another question). What is the length of time for a sentence of "Life"? In this case it is probably moot, as there would be 12 of them, but I think the jury should be told of the actual length of each count of LWOP.
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Angela-I respectfully tend to feel differently: (at least in theory). The FACT is that JH didn't treat his VICTIMS humanely, NOR fairly. He's received 10000% better treatment, humane treatment, respect as a person, etc. than the movie goers did that night. Think of what many of the first responders testified to...the mass smells, body fluids, blood, cell phones ringing, victims having to choose whether to escape & leave loved ones behind, etc. He was wearing bulletproof gear, head to toe, & was on painkillers. He went into a theater with a llaw that did not allow others to carry concealed weapons. He is a coward! That "scene" is all BEYOND inhumane to victims & 1st responders. And now we know he's been 'acting' stoic and catatonic for jurors....I don't think cowards deserve humane treatment, but our system does. :/
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@Loz I agree, somewhat. However, this is the way case law is built, in my understanding. You go by what has occurred before, apply it as much as possible to the case at hand, and then modify as needed. We actually do this in our everyday life in the various situations we find ourselves in. It's just that it is so boring and drawn out here. :)
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I don't think he deserves to live. He has satisfied nearly every criteria for the DP. But, if he gets LWOP his life will be a living hell because they will either keep him isolated from the prison population or his life will be on the line by the imposition of "prison justice."
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@fascinated - Feelings about it don't matter. The law dictates that all human beings in the United States are protected under the constitution and are to be treated fairly and humanely. What the criminal has done does not, under the law, take away his basic human rights. -
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If he gets LWOP, he just HAS to be put in general population. Isolating him due to risks to his safety/protection b/c of the heinousness of his own crimes is moot. He chose the crime, he does the time...'No "separation/protection" unless he gets DP & is in isolation due to that.
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The question is no longer the narrow one of legal insanity. It is that of serious mental illness as a mitigating factor. Every expert witness testified to Holmes' serious mental illness on the schizophrenic spectrum. The execution of severely mentally ill prisoners is illegal under international law, including the U.N. Commission on Human Rights (2000). Of course in the USA, according to the dogma of American Exceptionalism, we rarely pay attention, let alone obeisance, to international law.
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DT was trying to bring in evidence on the impact of the shootings on JH's mother? I was appalled by her book released just before the trial - a blatant attempt to poison the jury pool. If she is so sure her son was mentally ill, why wasn't she in the first plane when Dr Fenton called? Why did his parents wash their hands of this troubled kid and send him to Colorado so they wouldn't have to deal with him. Not impressed - the parents carry a burden for what he did.
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Angela-I acknowledged, with respect, that the system DOES apply that philosophy. I just personally do not agree, & I believe that the families, DP or not DP-'preferred', would agree that their loved ones were certaintly NOT TREATED FAIRLY, nor humanely. That is FACT. 'Not feeling.
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