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

Mandi- You're confusing mentally competent for trial, insanity and mental illness as a mitigator.

by CSP 7/27/2015 4:45:06 PM
Abrandt, they also have their dr. that hasn't testified as yet.

by Tammy Garrison 7/27/2015 4:45:07 PM
@sunrise7 @Mr.D. (I agree with you) - he is smart, maybe even brilliant, enough to regurgitate information, but he lacked 2 things for being a successful scientist: lack of critical and abstract thinking to move research forward on already obtained data. (Sorry for wordiness)

by MyraJ 7/27/2015 4:45:09 PM
"I can come up with no other explanation for what he did..."

by Tammy Garrison 7/27/2015 4:45:11 PM
Defense: "Did mental illness significantly affect [the gunman's] functioning in the spring/summer of 2012?"
Dr. Metzner: "Yes."

by anica.padilla 7/27/2015 4:46:28 PM
He is not going to get the death penalty whether he is sentenced to it or not. It is in Colorado, and this whole sentencing phase now that he has been found flat out guilty, and not insane, which he should have been, is a waste of tax payers money. Hickenloser is not signing a death warrant for anyone and it will be at least 20 years before Holmes would see the table anyway.

by Givemeabreak 7/27/2015 4:51:41 PM
Excellent explanation by Dr. Metzner. JH was insane through his mental illness. I hope there will be a retrial. Why would anyone imprison, let alone allow sanctioned law to kill such a sick person.

by okx 7/27/2015 4:51:43 PM
So . . . just thinking. To what degree does society hold a mentally ill person responsible for getting help/treatment - especially if the are perceived as being smart?

by Mr.D. 7/27/2015 4:51:45 PM
I worked as an RN in a state penitentiary and saw how inmates with MH issues acted and were dealt with by the system. Some did well as long as medicated, some were court ordered to take meds. One violent prisoner, even medicated, was dangerous and attacked a dental assistant. His delusions were related to women. Obviously, these people should not be part of the public.

by trl2 7/27/2015 4:51:48 PM
I wonder if AC will try to somehow highlight Meztner's feeling of rejection b/c his report was not deemed worthy/complete enough to use...thus Dr. Reid 's second & much more thorough report. He might be able to show some bias there... (?)

by Lars&theRealGirl 7/27/2015 4:51:53 PM
@MyraJ Great scientists don't necessary follow your formula

by okx 7/27/2015 4:51:55 PM
why are so many people who were gung-ho to believe all these Dr's previously, now wanting to discredit them because they are speaking on behalf of mental illness / JH ?

by cp 7/27/2015 4:52:00 PM
Can't wait to see what AC will do on cross. This might be the biggest hurdle for him yet. Yes, insanity was rejected, but it's all so intricate...'interested to see the approach he takes with Dr. Metzner.

by Lars&theRealGirl 7/27/2015 4:52:01 PM
Dr. Reid also stated "but for the mental illness the shooting would not have occurred"

by trl2 7/27/2015 4:52:06 PM
@ Anica - great job!

by Suzanne 7/27/2015 4:52:10 PM
**stands in the crowd waving my 'Go Anica!' flag**

by Loz 7/27/2015 4:52:11 PM
If it comes back as life without parole...has the prosecution failed? Since the defense offered to plead guilty to that and take the death penalty off the table, has this all been a waste of taxpayer dollars in everyone's eyes? I would say so, though I have valued the experience of watching it.

by Marsha Laurienti 7/27/2015 4:52:16 PM
@ okx do you want him out in society?? You can have him in your city/state, but I don't want him anywhere near me and those I love.

by Steve 7/27/2015 4:58:42 PM
Victims were mixed about seeking DP. I am concerned that some may feel upset if the DP is not found. Prosecution sought it due to victim input. Wonder if GB also had some political aim???? What do you all think????

by trl2 7/27/2015 4:58:44 PM
@Marsha- that has been a continuing question. .

by Mr.D. 7/27/2015 4:58:50 PM
Uhhhh...okx- 'Shooter is NOT going to get a "retrial". Come on....these are mitigation considerations. We expected this. I'm just ready for AC to get up there and reframe it all back to the reality of what happened, the planning, the undeniable evidence of premeditation, all of it. But a "re-trial"? No. An appeal (one) is mandatory for all DP 'recipients', but a re-trial...'no way. Judge S. has been waaaay too careful & thorough...he's awesome!

by Lars&theRealGirl 7/27/2015 4:58:52 PM
Steve, he/she just likes to get us going. Don't encourage him/her

by Loz 7/27/2015 5:07:08 PM
GB would make a great governor

by Sunrise7 7/27/2015 5:07:09 PM
Many are saying that if he not mentally ill this would never of happened but they all seem to be talking about Nov 2012 when he was ill from what i have heard he appeared to know exactly what he was doing in preparation up to and including July 20th 2012 Maybe after doing what he did it then made him ill

by markefc_ 7/27/2015 5:07:17 PM
trl2, my understanding is that they "overwhelmingly" wished to seek the death penalty - meaning significantly more for it that against it.

by Tammy Garrison 7/27/2015 5:07:22 PM
With you Lars. reality...

by Tammy Garrison 7/27/2015 5:07:27 PM
oh..JH lacked the ability of critical thinking to move research forward..ok.

by Sunrise7 7/27/2015 5:07:29 PM
And we all know and it is clear that GB would like to run for Governor.

by Tammy Garrison 7/27/2015 5:07:31 PM
Suzi Lewis-'totally agree with you. Rejection is a stroooong emotion to "recover" from. I personally think the rejection from school, girlfriend, +propensity to feel entitled/"better than" can easily =hate crime, which is what this is. 'Just hatred for people (*"but not kids"- 'Bet he researched that aggravator as well).

by Lars&theRealGirl 7/27/2015 5:07:36 PM
"James Holmes' Victims Applaud Death Penalty Plan: 'I Want Him Dead' ... justice is death," District Attorney George Brauchler said in court."

by Mark 7/27/2015 5:07:44 PM
@steve there is no way he is ever going to be out in society again, even if he doesnt get the DP

by emma 7/27/2015 5:07:45 PM
Are we on a break? Just logged back in....

by Tired 7/27/2015 5:09:23 PM
- Quote
"This wasn't the voice of God telling him to do this, right?" District Attorney George Brauchler asked Dr. Metzner in cross-examination.

by anica.padilla 7/27/2015 5:16:23 PM
go GB!!!

by JG 7/27/2015 5:16:27 PM
@okx I hope you have an extra bed for JH since your alright with him out in the world because I surly don't want him out or around me or any one I care for... PERIOD!!

by LG 7/27/2015 5:16:33 PM
Metzner may still hold a grudge against PT for having his report disqualified

by mandi 7/27/2015 5:16:35 PM
So now... reality check.

by Tammy Garrison 7/27/2015 5:16:36 PM
it's weird that JH always sits and stand at the right time

by wonderbread 7/27/2015 5:16:38 PM
Whether or not JH gets the DP or LWOP I don't believe this trial was a waste of "taxpayer money"...in large part this was driven by the survivors who wanted the DP by overwhelming numbers IIRC. This is the only thing the survivors can do for the dead, to get their stories told, to try (in some small way) to do something for them because they couldn't save them JM2CYMMV

by PA Watcher 7/27/2015 5:16:44 PM
GB is fired up!

by Victoria 7/27/2015 5:16:45 PM
here we go with this guy again no doubt

by JG 7/27/2015 5:18:31 PM
Here comes the objection to "this guy"

by Sheila 7/27/2015 5:18:33 PM
There she goes with the "this guy" comment! She warned him.

by Suzi Lewis 7/27/2015 5:18:34 PM
He said "this guy" but he didn't say it snarky!

by Ann 7/27/2015 5:18:37 PM
Brady's objecting to the use of. "This guy " I bet!!

by Kristle 7/27/2015 5:18:38 PM