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.

3rd & 7 37yd

Brady's voice quivers like she's on the verge of tears but she's ON POINT every time she speaks, and when she gets angry her voice "evens out " so to speak.

by Kristle 7/22/2015 3:32:19 PM
But those photos prove aggravating factors.

by Tammy Garrison 7/22/2015 3:32:23 PM
If I was PT, I think I would use the whole 20 minutes to just show a slide of victim, then slide of theater bullets, slide of victim/slide of autopsy, etc, etc. I hope Orman tells DT that they can go suck lemons.

by DocJ 7/22/2015 3:32:30 PM
Poor Jury is waiting while she goes on and on again.

by happy 7/22/2015 3:32:32 PM
And the entire purpose of the DT is what? To evoke sympathy and emotion! Quit whining, Ms. Brady!

by Suzi 7/22/2015 3:32:35 PM
Not that anyone cares what I think, but - JH got a fair trial and was found "Guilty". At this time, he should loose his "humanity" rights. Give him 30 days to say his good-byes (which is more than he gave his victims) and then walk him to the nearest large oak tree and hang him from the biggest branch on it. Be sure and make it a public affair. It should then be followed with a warning to all murder's in the USA, that "We Won't Tolerate This Behavior, Any Longer". The judicial system needs to be updated. Like I said...IMO.

by kdsmith 7/22/2015 3:33:20 PM
This is ridiculous, DP. Give it up. Your transparent desperation and true human conscience is showing...what's "improper" is that he killed 12 and injured 70 with indifference, cruelty, etc.

by fascinated 7/22/2015 3:33:23 PM
@fascinated...I don't think there is any doubt he has a mental illness, even Reid and Metzner agreed with that...I think it will turn on how mentally ill he is and if that will outweigh his obvious ability to plan, prepare and execute his scheme considering the aggravating factors

by PA Watcher 7/22/2015 3:33:27 PM
The DT is objecting to everything....suprised they didnt object that the PT argument is in English.

by Tired 7/22/2015 3:33:39 PM
@panda you never know with Hickenidiot running the show. already "saved" dunlaps life

by JG 7/22/2015 3:33:42 PM
JH back to his limited movements again, I see.

by Della (Me) 7/22/2015 3:33:45 PM
"Killing zone" was introduced in testimony-by MANY police officers, etc. !?! What is she talking about! !?!

by fascinated 7/22/2015 3:33:48 PM
But they were trapped by design.

by Tammy Garrison 7/22/2015 3:33:50 PM
there should be no impact statements if they have to follow the guidelines the DT is proposing. that's the ENTIRE POINT of impact statements-- to relay the IMPACT this event had on those that were killed (in this case). not only is it impossible to eliminate sympathy when someone talks about the loss of a loved one, but it's impossible to talk about the life they could have had without getting emotional. especially a little girl.

by blue 7/22/2015 3:33:58 PM
WHO'S VICTIMS WERE THEY? If not his!?

by Suzi 7/22/2015 3:34:04 PM
So Orman is presenting the slides??

by Kristle 7/22/2015 3:34:06 PM
@Marti - He won't be. No matter how this goes he will never, ever walk free again unless he is pardoned.

by Angela Freeman 7/22/2015 3:34:10 PM
Well, BenerMom, they didn't give it to the defense until 5 o'clock last night.

by Tammy Garrison 7/22/2015 3:34:21 PM
DocJ-tattoo idea is pretty brilliant. Creative. Effective. Victims' families do that-for different reasons. He should have to as well. Let's see if his "conscience" has any effect on him, living with her sweet face on his person, realizing what he did.

by fascinated 7/22/2015 3:34:27 PM
Thanks, Anica.

by BernerMom 7/22/2015 3:34:28 PM
Personal opinion: I find it ridiculous that showing the results or pictures of those he murdered are "prejudicial" during a sentencing phase. I know there are reasons, but seriously. What a massive time suck to argue this point, in my laymen opinion.

by MacGruber 7/22/2015 3:34:38 PM
You can heart me too, DocJ. There is one right below this sentence :)

by Loz 7/22/2015 3:34:41 PM
D7 means Denver Channel 7 :)

by Kristle 7/22/2015 3:34:43 PM
@happy: I know.....SMH!

by Kristle 7/22/2015 3:34:46 PM
Watch Orman. Keeps shaking his head in disbelief. The same as I would be doing. Along with the letters WTF from time to time...this is taxing on everyones' patience...

by Loz 7/22/2015 3:34:50 PM
Sorry These photo's have been previously admitted, your over ruled.

by NT8 7/22/2015 3:34:56 PM
@blue: Agree!!

by Kristle 7/22/2015 3:34:57 PM
wow defense is still trying....but...wow....

by AM 7/22/2015 3:34:58 PM
I OBJECT to these OBJECTIONS!

by Tired 7/22/2015 3:35:01 PM
DT complained the got the presentation at 5:21 PM and didn't have enough time to review - seems like they had plenty of time for these objections. As said before, the PT has a right to present their case and isn't this phase about aggravating factors? Listen up DT - these will not be pretty - unfortunately for "that guy"!

by Edy 7/22/2015 3:35:40 PM
Thanks, @Tammy. I did not hear the defense say that.

by BernerMom 7/22/2015 3:35:42 PM
@Lori this is her voice. I'm sure she's not too happy about her voice either. I agree with @Loz that she would put herself in this public speaking mode is admirable. But yes, her voice make me cringe too.

by MyraJ 7/22/2015 3:36:10 PM
Both Orman and Brauchler look Like they are nursing HUGE headaches!

by Suzi 7/22/2015 3:36:14 PM
Why is JH continually referred to as the "defendant"? Why not call him what he is: the murderer.

by Nadine 7/22/2015 3:36:16 PM
For the record guys, this is a new trial. What was relevant in the guilt/innocence trial may be too prejudicial for the sentencing trial, or at least in certain phases of the sentencing trial like the aggravation step which is what we will see first.

by panda911 7/22/2015 3:36:21 PM
- Quote
Judge Samour: "New rule - if you want to use a PowerPoint presentation you need give it to the other side 2 days in advance."
"The jury is waiting. This is unfair to the jury... and you're both doing it. Now you want me to rule on 50 slides... this is not the way things should work."

by anica.padilla 7/22/2015 3:39:00 PM
Judge Samour clearly upset about delays - defense objecting to about 50 slides that the prosecution provided after 5pm. #TheaterTrial

by Anica Padilla via twitter 7/22/2015 3:42:23 PM
#TheaterShooting judge is UPSET! Def just objected about 50 times to planned power point by prosecution. Judge scolding for lateness.

by Marshall Zelinger via twitter 7/22/2015 3:42:40 PM
It is their job to keep trying. Their sole purpose at this point is to save their client's life. They are doing exactly what they are supposed to be doing.

by Angela Freeman 7/22/2015 3:42:48 PM
Just an idea - lets object now to the DT's mitigating factors portion of sentencing.

by Edy 7/22/2015 3:42:49 PM
I'm amazed at the amount of people who don't want to hear her talk, hear her objections, hear her make argument, but all want a clean trial that doesn't come back on appeal. You find the law boring, don't watch it.

by CSP 7/22/2015 3:42:55 PM
I heart you @Lolz

by emma 7/22/2015 3:43:01 PM
I'm surprised Orman isn't popping up with hands flying as to why her objections are stupid. He's showing great restraint given his past demeanor.

by Kristle 7/22/2015 3:43:03 PM
Is the court stenographer wearing camo?

by MyraJ 7/22/2015 3:43:05 PM
@facinated - the tattoo idea was actually my daughter's - who was a friend of Macayla Medek. All the friends had some sort of Hello Kitty tattoo, as that was Cayla's favorite. I think JH should have the faces of all those people on him so he is reminded every single day of why he is there - in case he has another "episode" and forgets what he did.

by DocJ 7/22/2015 3:43:10 PM