Theater shooting trial day 59: Phase 2 closing arguments

This afternoon, both sides will present their closing arguments in phase two of the penalty process, which focuses on mitigating factors.Jurors have already confirmed they found aggravating factors in the mass shooting for which they convicted the gunman. After closing arguments, the same jurors must decide if the mitigating factors outweigh those factors.Essentially, jurors will be asked to decide between giving the gunman a life prison sentence or moving on to phase 3 -- the final step toward the death penalty.Holmes was convicted on 165 counts including murder and attempted murder for the shooting that killed 12 and injured 70 others during a midnight premiere of the Dark Knight Rises in Aurora, Colorado. His defense attorneys unsuccessfully argued that he was insane at the time of the shooting.

3rd & 7 37yd

Mr. D, what did I say awhile back?

by Tammy Garrison 7/30/2015 4:45:14 PM
IT means he has NO REMORSE or respect for anything or anyone!

by Joey 7/30/2015 4:45:15 PM
Blues, I think that the comment about the photos was made by Anica.

by right 7/30/2015 4:45:16 PM
JH is sorry his apartment didn't blow up and kill more. He is sorry the police were out back so he couldn't get away!

by Joseph 7/30/2015 4:45:18 PM
You're welcome, Blues. And okx...it means that many feels he is faking mental illness and it shows when he isn't in the company of the jury.

by Marsha Laurienti 7/30/2015 4:45:24 PM
@Edy, the apartment tenants should feel in debt to JH for sparing their lives anyway

by okx 7/30/2015 4:45:25 PM
Orman says his position hasn't changed, but Judge believes that Nelson's notes are sufficient to allow the paragraph to stay

by Phil Tenser 7/30/2015 4:46:08 PM
@ okx, we agree on one thing. I think JH will show a miraculous cure when this no longer suits him.

by Suzi Lewis 7/30/2015 4:46:27 PM
I believe he has issues, but again, I will say that he knew what he was doing was wrong.

by kat 7/30/2015 4:46:31 PM
There are 2 high profile cases that I just can't wrap my head around the jury's decisions.
1) OJ Simpson - double murder -
2) Casey Anthony - child murder
I hope this is not the 3rd case.

by Resa 7/30/2015 4:46:31 PM
Uh no the whole apartment thing didn't go up in flames because no one opened the door!

by Joey 7/30/2015 4:46:35 PM
What??? The neighbors should feel in debt to JH? I'm in the Twilight Zone right now, right???

by Marsha Laurienti 7/30/2015 4:46:45 PM
I still think JH is largely a monster who knew what he was doing when he put his plan in action both for the theater and at his apartment. He knows what he did was wrong and even to the point when he was caught he asked for a Lawyer ASAP. Any illness he may have took a toll on him I after he killed and attempted to kill everyone in the theater in November 2012. I don't feel he needs to recover from anything. He clearly speaks just fine in court when he tells the Judge he doesn't want to take the stand, if he truly felt sorry for his horrible actions he would man up and take the stand and face everyone that he caused pain, heartache and devastation for the rest of their lives!!

by LG 7/30/2015 4:46:57 PM
in debt????? are you kidding.....it was his wish to kill all of those people.

by kat 7/30/2015 4:46:58 PM
Joey is correct.

by Tammy Garrison 7/30/2015 4:47:54 PM
Nowadays I bet everyone can take the Meyers-Briggs online or as an. App on their phone.

by Kristle 7/30/2015 4:47:55 PM
@masha I completely agree with that!

by Joey 7/30/2015 4:47:56 PM
Yikes Resa...I hope they get this right.

by Kathy Sahu 7/30/2015 4:48:01 PM
140 countries around the world have abolished the death penalty. There are still 45 countries that still use the death penalty including..

North Korea
Japan
Vietnam
Cuba
Iran
China
United States

Seems to me The United States is not keeping good company.

We're getting there. 19 states plus our Nations Capital (Washington D.C.) have all abolished the DP. Nebraska being our newest state in 2015. YAY NEBRASKA!

by Me (CaliMiSFit@yahoo.com) 7/30/2015 4:48:05 PM
Are you kidding me??? The tenants should feel in debt to JH for sparing their lives???? He should be in debt to the police for not killing him on the spot. Maybe some people here should be in debt for not being in that theater at the time.

by Joseph 7/30/2015 4:48:11 PM
@ Tammy, you said. Jennifer, that is basically where I am at. I don't really agree with the death penalty, but in this case, I think it is warranted. So my response, to my surprise, has been moving in the opposite direction.

by Mr.D. 7/30/2015 4:48:14 PM
OK, lets everyone take a deep breath. I allowed one comment on an opinion and others disagreed, so I had to allow those. I just want to remind you all to not let anger or frustration get the better of you. Insults at this point will result in bans, because I don't have the time to weed you out one at a time

by Phil Tenser 7/30/2015 4:48:28 PM
Judge now discussing the mention of Dr. Fenton in the instruction, and his proposed change

by Phil Tenser 7/30/2015 4:48:43 PM
Orman says he believes the proposed version is inaccurate

by Phil Tenser 7/30/2015 4:48:59 PM
I'm sure glad that I wasn't in that theater.....I very well could have been.

by kat 7/30/2015 4:49:05 PM
@Keeter Myers Briggs isn't used to select mangers. It's used for teams to understand their differences so they can be more effective. Having personal insight helps individuals as well to adapt to others and improve their communication. Because you have preferences, doesn't mean you can't stretch your behaviors - eg having an introversion preference does not prevent you from being outgoing and approachable in a setting where you are required to interact with others.

by Edy 7/30/2015 4:49:21 PM
Orman says this paragraph is a "backhanded way of inserting an argument that is not supported by the evidence"

by Phil Tenser 7/30/2015 4:50:05 PM
My take on the mental illness component in this crime is, JH is mentally ill but he was/is consciously using mental illness as an alibi. Just hours after he was arrested, when the police were asking him some routine questions, e.g., "Who is your emergency contact?", Holmes immediately answered: "My psychiatrists". I thought that was James Holmes at his most candid.

by flip 7/30/2015 4:50:37 PM
Involving Dr. Fenton is ridiculous...she could not put a 72 hour hold on him due to her ethical codes.

by mld 7/30/2015 4:50:45 PM
@Phil...thanks. It is obvious that there are many very emotional opinions. Best if people can agree to disagree.

by trl2 7/30/2015 4:50:52 PM
Nelson again reading from her notes in support of her position

by Phil Tenser 7/30/2015 4:51:17 PM
@me we dont have the death penalty here In the UK either but then we dont allow our citizens to carry firearms either Maybe if you got rid of guns you could get rid of the death penalty

by markefc_ 7/30/2015 4:51:27 PM
I have relatives in Nebraska and they were not given the chance to vote on death penalty. They tell me there are a lot of people upset that they were not allowed to vote on whether to keep it or abolish it.

by Marti 7/30/2015 4:51:34 PM
- Judge's Order
Judge decides to sustain the objection from Mr. Orman about the last sentence to the paragraph. Agrees it is inappropriate for him to opine about the issue regarding the mental health hold statute

by Phil Tenser 7/30/2015 4:53:22 PM
even if you got rid of guns doesn't mean criminals won't find a way to get them or use different weapons to murder people!

by Joey 7/30/2015 4:53:25 PM
@markefc_ many of us are working hard for common-sense gun legislation.

by MyraJ 7/30/2015 4:53:27 PM
People who are mentally ill do not act the same often day to day I am sure he is medicated and has sat still and speechless all day so when he gets a chance to move or speak he does. It would be tough for most people to sit still and be quiet that long I do not condone what he did but I see many comments in this thread discussing mental illness It is different for everyone who is unlucky enough to have it

by treekan 7/30/2015 4:53:36 PM
Judge says it is undisputed that Dr Fenton considered she didn't know the defendant had a planned target, and that will be allowed

by Phil Tenser 7/30/2015 4:54:02 PM
- Quote
"That is as far as the defense can go based on the extent of the evidence" judge says

by Phil Tenser 7/30/2015 4:54:20 PM
I have not been a fan of the death penalty for 2 reasons. One is because of evidence that is sometimes kept out cases where, if the jury had known, have indicated after the trial they would have deliberated a different way. Secondly because of the number of people who are on death row that have been found out later by dna not to be guilty. Better forensics is taking care of this issue more and more, though. However, in this case, there is no doubt he did it and the other factor is that the prosecution argues on behalf of victims and victim families who overwhelmingly wanted to seek the death penalty. Not sure why you are surprised, but maybe that clears it up.

by Tammy Garrison 7/30/2015 4:54:31 PM
Fenton is not on trial! Goodness sakes. It's already been established Fenton did not have enough to legally put a hold on him!! Stop this.

by Marsha Laurienti 7/30/2015 4:54:33 PM
Judge says there is no such evidence that Dr. Fenton had enough to lock up the defendant. Defense team can argue about that, but that is all he will allow

by Phil Tenser 7/30/2015 4:55:18 PM
Judge indicated he was going to step down to finish these, come back to discuss the slides

by Phil Tenser 7/30/2015 4:55:36 PM
Any questions we should discuss during this recess?

by Phil Tenser 7/30/2015 4:55:48 PM
OK 31 comments to read and answer... here we go

by Phil Tenser 7/30/2015 5:03:42 PM