Theater shooting trial day 56: 'Phase 2' of the penalty process continues

'Phase 2' of the penalty process continues in the trial of James Holmes for the Aurora movie theater shooting. He was convicted earlier this month on 165 counts and now his defense is presenting mitigating evidence in an attempt to convince the jury his life should be spared.

3rd & 7 37yd

Aaaaaaaaaaaaaaah!!!!!! I hope this is frustrating the jury as much as it is to me. It will be SO SAD, but victim impact statements will put this to shame. Although the jury can't see those, can they? Only the judge? Anica, do you know??

by LarsandtheRealGirl 7/27/2015 9:01:25 PM
humanization and personalization of the defendant

by Sunrise7 7/27/2015 9:01:27 PM
This is pathetic.

by Nadine 7/27/2015 9:01:29 PM
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"I think moving was really hard on him," the gunman's sister said.

by anica.padilla 7/27/2015 9:01:51 PM
@Suzi Thanks!

by anica.padilla 7/27/2015 9:02:05 PM
@JW they are tiny. They are very very tiny.

by MyraJ 7/27/2015 9:02:30 PM
I just don't' get how any of this matters to the case.

by happy 7/27/2015 9:02:50 PM
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Gunman's sister reads a note that her mother wrote from her brother to her when she was 1 year old: "I wish you could play basketball and soccer with me. I wish you could play Lite Bright. You have soft, cute skin. You are a happy baby."
"It makes me know that he really does love me, even when I was only one. He was happy to have a sister," she said.

by anica.padilla 7/27/2015 9:07:57 PM
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"I've only been able to see him once," the gunman's sister said. "It was pretty good. He was more responsive than I thought he might be."

by anica.padilla 7/27/2015 9:09:04 PM
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"His eyes were different," Chris Holmes said of her brother when she visited him in jail.

by anica.padilla 7/27/2015 9:10:21 PM
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"I've been to the hearings twice. And it was nice. Even to be in the same room," the gunman's sister said tearfully.

by anica.padilla 7/27/2015 9:10:34 PM
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Gunman's sister on writing to him in jail: "I couldn't bring myself to. I was told everything I wrote could be used in the case... I was scared to."

by anica.padilla 7/27/2015 9:11:11 PM
Aren't victim impact statements part of phase 3?

by Ann 7/27/2015 9:11:35 PM
@Ann Yes, this is considering the mitigation phase. The gunman's family are not considered victims.

by anica.padilla 7/27/2015 9:11:57 PM
All this sounds like a normal family and speaks for the prosecution

by Sun David 7/27/2015 9:12:01 PM
Higgs leading her and "laugh-ing-all- the-way"... 'sick.

by LarsandtheRealGirl 7/27/2015 9:12:06 PM
Gee Ashley Moser had a daughter named Veronica, and would have had a younger sibling. Wonder if they would have had the same type of relationship being described here. Not, due to this Murderer.

by NT8 7/27/2015 9:12:15 PM
How's the prosecution going to handle this? I suspect Orman will not cross-examine.
By the way, this defense lawyer is WAY too sappy.

by Nadine 7/27/2015 9:12:23 PM
Anica, when defense rests, does PT cross or rebutt with victim impact testimony? 'Sorry- I'm confused on this. Just want the victim's loved ones to get their time...

by LarsandtheRealGirl 7/27/2015 9:12:26 PM
@happy---It's mitigation, nothing more complicated than the defense trying to humanize the defendant in hopes that the jury will spare him a death sentence.

by flip 7/27/2015 9:12:29 PM
Just so sad when you here about his life... and the lives he took, that wasn't his to take! Breaks my heart...

by Sally Mander 7/27/2015 9:12:31 PM
Show me adolescent boys who aren't awkward about the opposite sex, especially around their family

by Suzi Lewis 7/27/2015 9:12:36 PM
Huge societal mental illnesses protected by law allowed evils like slavery. Lots of murderers. Today, the same kind of societal mental illness will alllow current laws to kill sick people. Good reasons to abolish DP in entire U.S. It is not strength, but weakness

by okx 7/27/2015 9:12:44 PM
I want to see the theater surveillance video right now !....I have questions about the exit door.

by Sunrise7 7/27/2015 9:12:51 PM
Everything she is saying the victims can't do anymore with their families.....

by TammyC 7/27/2015 9:12:57 PM
I'm sure the families of the 12 people he killed aren't impressed hearing about all the wonderful, happy warm and fuzzy moments of the Holmes family because they will never have a chance to continue creating those memories again with their loved ones.

by Liz 7/27/2015 9:13:01 PM
She said it was nice to see him in court at the hearing???

by Suzanne 7/27/2015 9:13:02 PM
I hope the jurors are all sitting there with their mouths wide open with disgust..

by Dennie Carp 7/27/2015 9:13:04 PM
i agree im sick of the humor

by wonderbread 7/27/2015 9:13:08 PM
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The gunman's sister described his reaction to seeing him in court: "He smiled at me," Chris Holmes said.
Defense: "Did you share the smile?"
Chris Holmes: "Yes."

by anica.padilla 7/27/2015 9:15:13 PM
focus, Mr. Camera man

by Brenda Cash 7/27/2015 9:15:24 PM
well at least somebody in the family has emotions

by Tiki Torch 7/27/2015 9:15:25 PM
sunrise. there is no such video. :( i want to see it too.

by wonderbread 7/27/2015 9:15:35 PM
sunrise- how about videos from across the street or something? anything? they released nothing like that

by wonderbread 7/27/2015 9:15:54 PM
are any local people able to say whether or not there are cameras visible at that theater
?

by wonderbread 7/27/2015 9:16:06 PM
A key statement to me is when the sister just said this picture "reminded us when we were happy". Let us not forget that the family of Holmes (and his friends) are all victims as well

by Matt 7/27/2015 9:16:16 PM
@Matt While the gunman's relatives are undoubtedly hurt by this, they are not legally considered victims.

by anica.padilla 7/27/2015 9:17:04 PM
@Nadine I believe Ms Teesch-Maguire is going to cross examine her. She will be gentle but thorough.

by MyraJ 7/27/2015 9:17:13 PM
@Dennie why should the jurors being sitting there with their mouths wide open in disgust?

by Me 7/27/2015 9:17:21 PM
Guys, she's his sister. Of course she's going to be glad to see him. Of course she's going to smile back. His family in a LOT of pain right now. They have to take small comforts where they can. Ease up.

by Ruby 7/27/2015 9:17:24 PM
I'm sorry but it sickens me to see photos of happy lil defendant doing things his victims would love to be able to do but can't because of his actions.

by Abrandt 7/27/2015 9:17:28 PM
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Chris Holmes cries on the stand: "I just wanted one picture of us." The defense shows a photo of her flossing her teeth with her brother as kids.

by anica.padilla 7/27/2015 9:18:23 PM
I feel sorry for her. This has to be a terrible experience.

by Suzi Lewis 7/27/2015 9:18:54 PM
sun illnesses can be very cunning, JH knew he was ill, but not how severely ill disease can go beyond individual control

by okx 7/27/2015 9:18:59 PM
Anica, yes. I understand that legally. Thank you for the reminder. I was referring to some of the comments in this forum and we should endeavor to show sensitivity to all involved

by Matt 7/27/2015 9:19:04 PM