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

I wish I could buy Veronica an ice cream cone instead of paying for lunch for Holmes...

by Marsha Laurienti 7/30/2015 5:18:37 PM
His mom did say he was a chow hound.

by Suzi Lewis 7/30/2015 5:19:13 PM
JH having lunch?

by Marti 7/30/2015 5:19:14 PM
Judge asking Brady for a specific reference from Metzner regarding mental illness and not legal sanity, to support her slide

by Phil Tenser 7/30/2015 5:19:59 PM
How surreal that Brady is talking about JH's mental defect and he's eating......omg.

by Kristle 7/30/2015 5:20:05 PM
He's not starving he's got a few pounds that I can see :)

by LG 7/30/2015 5:20:09 PM
Slide will be withdrawn

by Phil Tenser 7/30/2015 5:20:32 PM
Brady now objecting to incorporating to Brauchler's slides

by Phil Tenser 7/30/2015 5:21:42 PM
Remember the judge told the jurors to eat lunch before they came. JH is not taken out of the courtroom during breaks- only the longer lunch. Since there isn't a lunch today, I guess he does need to eat his lunch in the courtroom.

by TLR 7/30/2015 5:21:47 PM
@Kristie -- the jury was told to eat lunch before they came to court today, so there will be no lunch break. Since the shooter has to be in the courtroom, he eats there

by Lynn 7/30/2015 5:21:53 PM
Tammy-my quest was re: victim statements possible- if phase 3 isn't reached (which I just must say is inconceivable IMO) & Edy also asked but- yes, to Phil's credit-many questions. Thanks for remembering.

by BluesB 7/30/2015 5:23:10 PM
With having the jury coming in at 11:30am The Judge asked them to have eat before court today so I'm sure that's why JH is doing it now...

by LG 7/30/2015 5:23:14 PM
@Marhsa - if you're against buying him lunch, are you against the trial as a whole? It's costing millions. He tried to plead guilty...

by Lynn 7/30/2015 5:23:19 PM
Brady knows she's wrong. Amazing DT copied from PT. WOW. Can't wait to see this...hope jury is clear-minded today especially.

by BluesB 7/30/2015 5:23:24 PM
Brauchler asking for permission to print for Brady one more copy of his slides, to make sure the other side isn't making any changes. He wants to be able to respond to her

by Phil Tenser 7/30/2015 5:23:38 PM
@okx im glad that we and other states have kept the DP. I wish all states still had it and that the DP was used 100x more. I personally dont care what other nations think nor their guidelines. Something that may work for some is not guaranteed to work for the whole.

by JG 7/30/2015 5:24:05 PM
Guys...todays court proceedings are a lot different that regular days. They can't NOT feed him He most likely hasn't eaten breakfast and won't be able to get to eat until dinner. That's why he's eating now before the jury comes in. Remember the jury will eat lunch BEFORE they come to court today so there will be no lunch break. It's not THAT big of a deal.

by Me (CaliMiSFit@yahoo.com) 7/30/2015 5:24:10 PM
Yesterday judge told jury to eat lunch before they came. So perhaps judge wanted defendant to have something to eat before jury comes in.

by Resa 7/30/2015 5:24:13 PM
And because of him, there are 12 people who can no longer eat sandwiches. :-(

by Jennifer 7/30/2015 5:24:17 PM
Ah ok

by Kristle 7/30/2015 5:24:18 PM
Of course Ms. Brady has a category of objections.

by Suzi Lewis 7/30/2015 5:24:20 PM
JH is also chained to the floor. Makes it difficult to move him around

by vt 7/30/2015 5:24:25 PM
i was hoping this case would shine a light on the lack of national conversation on mental illness sadly we continue to focus on guns. will we ever as a nation address mental illness

by fredp 7/30/2015 5:24:28 PM
James Holmes, researcher/manipulator/performer extraordinaire will be "onstage today". Earlier comment said he looked "sad". Well...IF "that guy" wants to sway (deceive) his jury, today's the day to appear beaten down, sad, remorseful ...

by CO newbie 7/30/2015 5:24:34 PM
And Guilty he is :)

by Mark 7/30/2015 5:24:35 PM
@Lynn, I actually was, but it wasn't up to me.

by Marsha Laurienti 7/30/2015 5:24:36 PM
Lunch early or not- 'Still is not fun to see him eat tax payer dollars...first metaphorically -now LITERALLY.

by BluesB 7/30/2015 5:24:37 PM
PA I don;t think we know what he is capable of saying or thinking right now. After such a serious mental break he might not be well enough to say what you are asking. He might be learning about what happened to some extent thru this process. Anyway, killing another person, except in self defense, is aggressive and violent killing by a group of voters or by a single person acting alone. I guess the group is willing to pay an executioner to kill in their name, and they can because its sanctioned.

by okx 7/30/2015 5:24:46 PM
@Lynn I was about to type the same thing lol, beat me to it

by Me (CaliMiSFit@yahoo.com) 7/30/2015 5:24:48 PM
This just is amazing!

by d.hughs@comcast.net 7/30/2015 5:25:26 PM
Holmes: "Could I have another sandwich, please? These legal arguments are making me quite peckish".

by flip 7/30/2015 5:25:47 PM
Judge agrees that this current debate does speak to a statutory mitigator and should be admitted, but for the limited purpose of considering that factor

by Phil Tenser 7/30/2015 5:26:13 PM
Judge asking if Brady wants an "offer of proof" for each statement Brauchler wants to use. She confirms she is

by Phil Tenser 7/30/2015 5:26:43 PM
I wish someone would bring me a sandwich. He is getting good service.

by litprof 7/30/2015 5:26:48 PM
Brauchler is quoting a statement about the defendant anticipating the law would arrive after the crime

by Phil Tenser 7/30/2015 5:27:22 PM
Brauchler says it goes to his capacity to conform to the law

by Phil Tenser 7/30/2015 5:27:34 PM
Wish certain people would get off their soap box about the DP.

by Marti 7/30/2015 5:27:40 PM
HIPPA regulations are 500 pages long. We don't know whether Dr. Fenton actually violated the regs, Dr. Feinstein thought she did not. Most violations result in modest fines, though there can be criminal penalties.

by Sophia 7/30/2015 5:27:42 PM
Gosh, he seemed perfectly capable of understanding exactly what the judge was saying to him yesterday. I think he understands and remembers everything very well.

by Lori Butterfield 7/30/2015 5:27:47 PM
Next slide is a copy of the G-Chat with Gargi

by Phil Tenser 7/30/2015 5:28:16 PM
Brauchler says he has inserted a slide saying "Impaired appreciation for wrongfullness" and argues the chat messages show he knows the shooting was wrong

by Phil Tenser 7/30/2015 5:28:43 PM
Brauchler says this will sound "wacky" but points out Brady didn't address the issue of "Vicodin"

by Phil Tenser 7/30/2015 5:29:29 PM
Brauchler wants to make it clear that he wants all of this to be clear that the gunman planned to get away

by Phil Tenser 7/30/2015 5:30:02 PM
Another slide includes a page from the notebook, Brauchler says it speaks to defendant's "capacity to understand the wrongfulness of his conduct" in reference to statutory mitigator #2

by Phil Tenser 7/30/2015 5:30:31 PM
okx- we know that JH is competent to understand and participate in his own defense. If he were not the trial would not be proceeding.

by MW 7/30/2015 5:30:36 PM