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.
The pictures of the victims that are being discussed are ones of them when they are alive right?
by Della (Me)7/22/2015 4:54:08 PM
The prosecution should be allowed to use pictures to prove that the victims are dead.
by Humble Pride7/22/2015 4:54:09 PM
Good. Showing the little girl over and over and over is substantially more prejudicial than probative.
by panda9117/22/2015 4:54:13 PM
Sadly, If you want a case that never dies, seek capital punishment and get a death verdict, and you'll be working on it for the next 20 years...
by LG7/22/2015 4:54:16 PM
fascinated, that is just not true. just because someone works for the state does not make them the most accurate or most advanced in the research madison ave. clients have different doctors than those on indian reservations---some are good, some not, in either case, but when exceptional they are usually not with the state. ask questions
by oxk7/22/2015 4:54:26 PM
@Angela...the point of the DP is to deter others from doing the same act, let the punishment fit the crime! This crime was heinous and preplanned in nature....one way or another JH made a choice and he will have to live with his decision.
by TammyC7/22/2015 4:54:32 PM
Loooove this judge!!
by fascinated7/22/2015 4:54:34 PM
@kidsmiith, re: Ms. Brady as a sibling.... LOL! My middle son was like that. My Gran even called him her little lawyer when he was 3. He could parse individual words 'till the cows came home. "You said A piece of candy. I had more than one, so I was o.k. and followed your directions", said at the age of 9. I bet Ms. Brady was the same. :)
by DocJ7/22/2015 4:54:44 PM
@Angela there are many reasons we punish criminals...deterrence, rehabilitation, incapacitation/societal protection, retribution, etc. The DP is certainly valid for incapacitation/societal protection and retribution...
by PA Watcher7/22/2015 4:54:46 PM
@fascinated--Very well said. DT hired guns Gur & Woodcock thoroughly embarrassed themselves and their profession, in my view.
by flip7/22/2015 4:54:49 PM
by happy7/22/2015 4:59:18 PM
legal people, please show me where in the law it says that any penalty is to deter crime. Isn't it to punish crimes that have been committed?
by Tammy Garrison7/22/2015 4:59:24 PM
It would seem that Dr. Gur has contaminated the DT, they want to pick and choose the evidence that the jury should consider.
by Humble Pride7/22/2015 4:59:27 PM
I wonder if the ney-sayers would have the same opinion if their child was killed in the theater that night.........
by Tired7/22/2015 4:59:29 PM
I'm with PA Watcher on the death penalty.
by Tammy Garrison7/22/2015 4:59:33 PM
Retribution is not the purpose of the criminal justice system, nor is it intended to be any part of the criminal justice system.
TammyC - That is one intended purpose, but it is shown that it does not serve that purpose effectively.
by Angela Freeman7/22/2015 4:59:35 PM
@LG-That's a lot of good factual info. I wonder if a governor lost a family member that night might act/feel/campaign for a different option. These 12 victims got the DEATH PENALTY with NO due process. Shooter has admitted it-'no danger of convicting someone incorrectly/innocent. Insanity only came on when he was denied LWOP. 'Wonder if governor(s) will consider that. (!?!)
by fascinated7/22/2015 4:59:38 PM
@DocJ - LOL....I'm glad someone else heard that from Ms Brady today, besides myself. All I could think of was my little sister, when we were kids. Still lover her though. LOL
by kdsmith7/22/2015 5:00:38 PM
okx- In my opinion, it IS true. We just disagree, plain and simple. 'Nothing wrong with that. "Case closed".
by fascinated7/22/2015 5:04:23 PM
Now the old detective appears to be paying attention but none of the attorneys are. Can't win!!
by Kristle7/22/2015 5:04:25 PM
@oxk--If the court-appointed psychiatrists had embarrassed themselves and tarnished their own professional reputations like Gur & Woodcock did, I think the people contributing to this blog would have seen that and pointed it out.
by flip7/22/2015 5:04:50 PM
by fascinated7/22/2015 5:04:51 PM
How do you think the judge will rule on the PT's reference to "that guy"?
by Nadine7/22/2015 5:04:56 PM
@Angela, Retribution has been found to be a legal goal of the criminal justice system in America. Studies have shown that the Death Penalty only accomplishes that goal, not deterrence. Just punishment and retribution.
by panda9117/22/2015 5:05:12 PM
@ Tammy - "Deterrence" is absolutely one of the reason the USA still has the death penalty.
by kdsmith7/22/2015 5:05:18 PM
@Fascinated I don't know all 4 Governor's personal lives... however our Governor in his campaign run was for the DP and since has changed his mind on it... hens the Dunlap stay!
by LG7/22/2015 5:05:24 PM
JH appears to be deep in thought.
by Kristle7/22/2015 5:05:26 PM
I wonder if they will ever get to the arguments.
by Malingering7/22/2015 5:05:30 PM
hehe i agree
by 7/11 was a part time job7/22/2015 5:05:33 PM
@ Angela - Retribution is another reason for the death penalty.
by kdsmith7/22/2015 5:05:36 PM
@CSP - DP cases in Colorado are extremely rare. PowerPoint has been around for years and yes, used in court for years. But tell me what last high profile case has it been used in like this? This case IS setting precedence just as the one for Nathan Dunlop (which they refer to frequently in this case) did.
by Just Thinkin7/22/2015 5:05:40 PM
kdsmith, where does it say that in law?
by Tammy Garrison7/22/2015 5:11:00 PM
Retribution, incapacitation and deterrence. All great reasons for the death penalty.
by kdsmith7/22/2015 5:11:11 PM
BTW, thanks again to D7 for this great blog!!!! For us just listening to a "boring procedural process" we are quite active in our comments today!!
by Just Thinkin7/22/2015 5:11:15 PM
I would suggest all attorney's are researching, documenting, following the parts they are there for. I would wager they are not just sitting playing video games :)
by Pcmamanim7/22/2015 5:11:22 PM
Definition Of Retribution In Criminal Justice Written by J. Hirby | Fact checked by The Law Dictionary staff
Retribution is at the heart of just about all judicial systems that deal with law and order.
by kindlezee7/22/2015 5:11:26 PM
Just Thinkin- case law doesn't have to be just Colorado cases. PowerPoint presentations are used in almost every felony case and are used in almost every sentencing hearing.
by CSP7/22/2015 5:11:36 PM
Oh look who joined us!! The jury isn't in the courtroom yet so the young detective didn't miss anything.
by Kristle7/22/2015 5:11:40 PM
@Anica how many objections is Judge Samour having to making rulings on all these slideshows... I lost count!!
by LG7/22/2015 5:11:42 PM
LG-Yep. Especially now that verdicts was handed down through constituional process, alll objections, etc. Pretty fascinating commentary on folks wanting to weigh in on DP, not necessarily followers of this very clear case.
by fascinated7/22/2015 5:12:01 PM
Just Thinkin- Power Point were used when this DA's office tried and gave up on trying to execute Montour.
by CSP7/22/2015 5:12:03 PM
@Nadine: lol, idk.....
by Kristle7/22/2015 5:12:05 PM
Hopefully PT will say "many" were unable to escape rather than "some" as suggested by Judge...