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

Boy he really gets that chair swingin' when Brauchler starts making a whole lot of sense...

by Della (Me) 7/27/2015 5:42:25 PM
I am not the signer ok. I don't disagree about all the planning, etc, but earlier we heard that it was all within the time from the beginning of the psychotic break, when all this got into his head

by okx 7/27/2015 5:42:31 PM
@ Mr. D, that is the million dollar question.....he is obviously not fit to be in the general population.....he's a danger to all at this point....but still very mentally ill...his IQ is of no significance at this point.

by A.L. 7/27/2015 5:44:40 PM
@okx it's not been suspended.... Dunlap got a stay but it's not been suspended as a whole!!

by LG 7/27/2015 5:44:44 PM
@cp the jury is smart one and can see right thru this one in my opinion

by Tjq 7/27/2015 5:44:47 PM
A suspension of the DP can be brought back into action at any time. This is why abolishing it is so important. Suspension doesn't have much value for our society.

by okx 7/27/2015 5:44:50 PM
@ok, or okx, or oxk---whoever you are: Try your best to see past your own bias: Few, if any, here at this blog have refused to concede that Holmes is, and was, mentally ill. The primary relevant question is: Was he sane?

In mitigation, was his mental illness serious enough to warrant mercy for his heinous crimes? IMO, no. Most people seem to be concluding that Holmes knew the difference between right and wrong, knew that others would consider his crimes as "evil", and so on.

We already know he has been found guilty and legally sane. The People have every right to pursue a death sentence to eliminate this human turd from society. IMO, even prison society is too good for him.

by flip 7/27/2015 5:45:25 PM
You don't get to pick when you have a psychotic break yet his kill date was circled on the calendar in his apartment.....JH was and is very well aware of what he was doing.

by TammyC 7/27/2015 5:45:27 PM
sitting drugged in his parked car on passenger side....whow what an escape

by Sunrise7 7/27/2015 5:46:02 PM
You got it, Tammy C. Wish they would hammer that point home to the jury over & over & over...that's SO KEY!!!!

by Lars&theRealGirl 7/27/2015 5:49:19 PM
Right, Tammy C.

by Tammy Garrison 7/27/2015 5:49:22 PM
He wasn't sitting in his car when the police arrived

by Suzi Lewis 7/27/2015 5:49:23 PM
and as far as being drugged, he took Vicodin so that he would experience less pain if he was shot

by Suzi Lewis 7/27/2015 5:49:36 PM
Nobody said he didnt know what he was doing ? In fact, the Dr stated, he DID know what he was doing, and that it was completely driven by the delusional thinking-

by cp 7/27/2015 5:49:38 PM
@sunrise Most people use drugs to escape reality to some extent.

by Humble Pride 7/27/2015 5:50:58 PM
he was so drugged ,,,he could not stand up for the mugshots

by Sunrise7 7/27/2015 5:54:13 PM
@Okx abolishing the DP also has no value to our society as well

by JG 7/27/2015 5:54:14 PM
@Sunrise7.....huh? He had taken a vicodin (pain reliever, not a tranq) before the shooting because he was afraid of feeling pain in case he was shot, poor baby. But he was arrested when standing on the driver's side of his car with his Glock on the roof. He gave up because he assessed that escape was not possible.

by flip 7/27/2015 5:54:24 PM
Lots of actions that are psychotic can lead up to a break. JH was cognitive when he was going to Dr. Fenton. He was already into the disease releasing its behavior, but couldn't talk about it. We heard "hatred"on this blog every day, and it is unleased also to kill.

by okx 7/27/2015 5:54:28 PM
@Tammy and Lars....I so want the PT to hammer that to the jury!! He absolutely has something wrong with him, but what he did was for notoriety and after this Louisiana shooting, I'm sure he's reeling with happiness. He's being remembered. Makes me sick! The death penalty is too good for him but I hope that's what the jury concludes.

by TammyC 7/27/2015 5:54:57 PM
didn't dr. Metzner say that JH was criminally insane at the moment of the crime during the trial and now he is saying the opposite ?

by Humble Pride 7/27/2015 5:56:39 PM
Dr. Metzner confirms that the gunman said he didn't want Hillary Allen to be "dragged into the media" and labeled as a mass-murderer's girlfriend, indicating he knew his actions would lead to media coverage.

by anica.padilla 7/27/2015 5:58:56 PM
Brady is plain annoying however I feel for the DT's plight.

by Poppy 7/27/2015 5:59:20 PM
negative...Dr. Gur said that

by Sunrise7 7/27/2015 5:59:22 PM
by anica.padilla 7/27/2015 5:59:27 PM
This has been the strongest testimony for the defense so far, in my opinion.

by cp 7/27/2015 5:59:57 PM
I thought Dr. Metzner agreed that JH was NOT criminally insane at the time of the shooting.

by Suzi Lewis 7/27/2015 5:59:58 PM
- Quote
Dr. Metzner said the gunman did not meet the criteria for legal insanity, however he said "but for the mental illness, the shooting would not have happened."

by anica.padilla 7/27/2015 6:00:45 PM
How does all that planning say that he was delusional??

by Suzi Lewis 7/27/2015 6:04:07 PM
Give me a break. You can't prove that. Its all speculation. He could have bought all those things and NOT been delusional!

by Tammy Garrison 7/27/2015 6:04:10 PM
Not sure if this makes sense, but Metzner's testimony is almost definitely the same. However, it helped the prosecution that he wasn't insane in the trial phase, but how can a testimony be taken in more than one way, i.e. seemingly "helping" the defense in the phase 2 of sentencing? Phil, Anica, do what you have to do to make this question make sense.

by Kels 7/27/2015 6:04:26 PM
That's correct, Suzi.

by flip 7/27/2015 6:04:30 PM
Only delusional people buy guns

by Kate 7/27/2015 6:04:32 PM
where are the objections from the DT isn't dr. Metzner speculating when he says that everything was caused by delusion.

by Humble Pride 7/27/2015 6:04:36 PM
Cancer doesn't make you kill people, Brady. Delusions do. I think that's a distasteful and unfair comparison, in my opinion.

by Kels 7/27/2015 6:05:03 PM
Remember all, PT has rebuttal witnesses to come.

by Tammy Garrison 7/27/2015 6:05:27 PM
This makes no sense. EVERY SINGLE aspect of planning resulted from delusional thinking??? 'Huh??? Then why was it so logical, effective, etc ?Oh- & it's soooo offensive to compare a contrived "delusion" (IMO) to cancer...grrrr.

by Lars&theRealGirl 7/27/2015 6:05:33 PM
@OKX and @LG. The correct term for what Gov. Hickenlooper is called a "temporary reprieve". JS

by TMT 7/27/2015 6:05:49 PM
Yes dr Metzner said that at the trial, but now he seems to be saying that JH was aware of what he was doing in the theatre wich would seem to contradict that trial statement.

by Humble Pride 7/27/2015 6:05:59 PM
Oh, my question was for Dan too...

by Kels 7/27/2015 6:06:08 PM
Kels, IF he was delusional.

by Tammy Garrison 7/27/2015 6:06:09 PM
Exactly, Tammy - I'm gnawing on my wrist bone at this point. Delusion =planning? ARE YOU KIDDING ME????? 'Can't wait to hear jury questions. 'Hope they aren't getting pulled in by this wackery.

by Lars&theRealGirl 7/27/2015 6:15:05 PM
Should've objected strenuously about Brady's "cancer" analogy. People can certainly make lifestyle choices that may enhance their odds of developing certain types of cancers. And, it seems clear that Holmes made conscious choices to keep the full scope of his delusional plans to himself. In various ways, he purposely nurtured his delusions and insured that he would be able to carry out his plans.

by flip 7/27/2015 6:15:08 PM
They should be bringing up his meetings with the DT prior to the trial, too.

by Tammy Garrison 7/27/2015 6:15:15 PM
I hear allot of could and might in Dr. Metzner testimony, no certainty.

by Humble Pride 7/27/2015 6:15:16 PM