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

- Quote
Brauchler: "He was writing [the notebook] for another party, fair?"
Dr. Metzner: "Yes."

by anica.padilla 7/27/2015 5:20:55 PM
@Mark... .Here's the actual quote GB said: DA George Brauchler said: 'It is my determination and my intention that in this case, for James Eagan Holmes, justice is death.'
He said he personally spoke to 60 victims' relatives. 800 survivors and victim's relatives were contacted in total for their input into the decision.

by LG 7/27/2015 5:22:49 PM
Brady, you can't stop the cross examination.

by Tammy Garrison 7/27/2015 5:22:51 PM
This is the mitigation phase of the sentencing hearing. The defense is trying to convince the jury that the gunman should not be put to death because he has a severe mental disease or defect.

by anica.padilla 7/27/2015 5:23:55 PM
I have tremendous respect for Dr. Metzner, even if his testimony now doesn't change anything. I thought he was better expert than Dr. Reid (whose videos were superb but his testimony had way too many "I don't remember"). Dr. Metzner was very clear and unbiased, in spite of having been demolished earlier by Brauchler in a surprise practice cross ex, and then had his name dragged through the mud publicly. IMO, he has been the most professional, unbiased expert in this trial. I'm just not sure it matters, as the jury still has to weigh 82 people getting shot against a mentally ill but sane killer who knew he was murdering people.

by Sophiamtn@gmail.com 7/27/2015 5:23:57 PM
Dr. Metzner agrees the gunman's psychosis was first noticeable in Google chat with Gargi Datta in March 2012.

by anica.padilla 7/27/2015 5:24:30 PM
I object your honor with the choice of words Mr. Brauchler is using because it is extremely inflammatory to my client! Move on already.....

by TammyC 7/27/2015 5:24:34 PM
- Quote
Brauchler: "He does not reveal to [Dr. Fenton and Dr. Feinstein] the thoughts he'd shown Ms. Datta... because he doesn't want them to lock him up, correct?"
Dr. Metzner: "Yes."

by anica.padilla 7/27/2015 5:26:14 PM
- Quote
Brauchler: "He also has an awareness... that what he is doing will likely lead to his own incarceration?"
Dr. Metzner: "Yes."

by anica.padilla 7/27/2015 5:27:04 PM
this one heard a lot more than the others.

by happy 7/27/2015 5:32:51 PM
"But, your honor, I was completely plastered at the time"

by Loz 7/27/2015 5:33:01 PM
so for everyone in here rambling about how there was no presence of mental illness during this whole trial, I hope you're eating your shorts.

by ok 7/27/2015 5:33:49 PM
@mandi- that's what I was thinking also- he feels slighted

by Victoria 7/27/2015 5:33:57 PM
yes..JH knows when to stand and sit

by Sunrise7 7/27/2015 5:34:08 PM
meant down the road, when mental illness is given more attention. DP founded in citizens often not realizing that they are doing exactly same as JH: their faces are veiled

by okx 7/27/2015 5:34:17 PM
Some recent interviews in Psychology Today with pathology narcissistic prisoners revealed some pretty interesting concepts that might relate to this shooter. The interview was titled, "MISCONCEPTIONS ABOUT PATHOLOGICAL NARCISSISTS"- Here were a few -'straight from their mouths. Misconception 1. (Again, this is them self-reporting:) "...One misconception is that I'm emotionless. I actually have very strong emotions-which control every single one of my actions."
2."...most people think I'm very polite & honest. I am only polite because niceness is the path of least resistance, & communicating with most people is not worth my time. I don't have the time or effort, so I choose the easiest route, which is to be agreeable..."
3. "...I won't really talk to you unless I think you're intelligent: most people do not hold my level of attention/intelligence, so they think I am a mute or something."
4. "I will help others once in a while. NOT because I care about them, but because I can see down the road how it will do me some good." WOW!!?!
'Interesting to reflect upon. Those statements came from prisoners who were diagnosed as pathologically narcissistic. 'Sound like JH, just maaaybe?

by Lars&theRealGirl 7/27/2015 5:34:31 PM
Hey leave California out of this! =)

by Me 7/27/2015 5:34:36 PM
LG obviously, he needs tons of real help, but for justice to prevail there must be opp for redemption Punishment is not justice fulfilled

by okx 7/27/2015 5:34:42 PM
Thanks again for all your hard work, Anica. :D

by Lars&theRealGirl 7/27/2015 5:34:45 PM
Agree with you, PA.

by Tammy Garrison 7/27/2015 5:34:52 PM
PA Watcher- you stated this information previously, and I have been thinking about it a lot. IF the outcome is LWOP, can't an intelligent society figure out a way to have the story be told- a better venue to have all injured parties ( including others in the more general community) be head? Especially since I believe there will be no true vindication to the satisfaction of many.

by Mr.D. 7/27/2015 5:34:56 PM
I thought the DP is suspended in Colorado

by Sunrise7 7/27/2015 5:35:09 PM
Unfortunately, in the past many victims do not experience "closure" after a trail and guilty verdict. Even death of the perpetrator by suicide doesn't help. Believe me....my nephew was murdered by an upset former lover and it didn't give our family closure.

by trl2 7/27/2015 5:35:13 PM
I dont understand all the objections..this is all in evidence...

by Tired 7/27/2015 5:35:18 PM
Very well said, PA Watcher....I feel exactly the same way about this trial, regardless of the ultimate sentencing outcome.

by flip 7/27/2015 5:35:21 PM
Brady's going to ask the Judge to make Brauchler stop asking speculative questions.

by Kristle 7/27/2015 5:35:23 PM
I may be wrong but I don't think I've seen jh swiveling so much as I have today. they seem very pronounced

by Aly 7/27/2015 5:35:27 PM
I think Brady is trying to interrupt GB's flow on cross but think that is pretty hard to do. he seems to have a definite plan and goal and will get there no matter what. All the objections do is to have the potential to irritate the jury.

by Suzi Lewis 7/27/2015 5:35:31 PM
Anica, Do we know if Ms. Brady's first objection (which I am assuming was to the "this guy" reference) was sustained or overruled?

by Matt 7/27/2015 5:35:35 PM
trl2, so this planning - is it different or the same as psychotic planning? And if it's the same, what are the implications?

by Tammy Garrison 7/27/2015 5:35:39 PM
Are bench conferences ever made public?

by Cindy L 7/27/2015 5:35:41 PM
Lol anica, I typed that last message about being plastered when the judge was talking to the jurors

by Loz 7/27/2015 5:35:45 PM
King looks restless. Bet he's going through stupid jokes/ failed attempts at humor withdrawls

by JG 7/27/2015 5:35:47 PM
Apologies - Scribble had issues loading comments so I just approved some that may have been made a lot earlier!

by anica.padilla 7/27/2015 5:36:20 PM
@Sunshine your thinking isn't correct about DP in Colorado!!

by LG 7/27/2015 5:36:28 PM
no room for humor in there

by wonderbread 7/27/2015 5:36:42 PM
Thanks for posting that, Anica! :)

by Lars&theRealGirl 7/27/2015 5:39:15 PM
oh I thought the DP is suspended in CO. currently...sorry

by Sunrise7 7/27/2015 5:39:17 PM
@okx Hope your hearing how he was aware to what he planned, his actions, and what he wanted to do all the people that this Dr is agreeing too... and eating your shorts!!

by LG 7/27/2015 5:39:26 PM
DP was suspended in CO, but not abolished. Stands with Southern and Western states, NM (abolished 2009) 19 States and DC have abolishedd GB was insisent on DP-

by okx 7/27/2015 5:39:27 PM
Brauchler asks if the gunman darkened parts of his gas mask and listened to electronic music through headphones to make it "more impersonal" to minimize how much suffering he witnessed. Defense objects to speculation.

by anica.padilla 7/27/2015 5:41:50 PM
i said suspended

by Sunrise7 7/27/2015 5:41:55 PM
Will Metzner be the only witness today I wonder?

by Tjq 7/27/2015 5:41:57 PM
this poor jury must be feeling mislead and/or confused-

by cp 7/27/2015 5:41:59 PM
Okx, there is growing evidence that people with antisocial personality disorder have abnormalities in their brains. Serial killers, rapists and pedophiles have impulses they cannot control, impulses they did not necessarily want to have. Do you think these people should not be imprisoned for their crimes? Or does schizophrenia related crime get special treatment? What else would you include? I'm not trying to argue, I really want to understand where you are coming from. Personally, I think advances in science keep making it harder and harder to distinguish between voluntary and involuntary acts, but at some point we have to segregate criminal actors for the safety of others, regardless of the voluntariness of their actions.

by Sophiamtn@gmail.com 7/27/2015 5:42:21 PM