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

Surprised JH didnt wrap his arms around his box lunch like they do in prison...so Nelson could grab a chip.

by Tired 7/30/2015 5:30:43 PM
Brady and Brauchler have been seen chatting more than once when the jury is out of the room. It's good to see them be able to argue vigorously for their sides and still be cordial, evfriendly.

by Lynn 7/30/2015 5:30:48 PM
JH is eating. Is that really important? Do you think that would be happening if the court didn't permit it? And the idea that we paid for it? What's the alternative--to make him starve? A non-issue.

by Clancy 7/30/2015 5:30:52 PM
Holmes is the one that coined the term, evil. Geez.

by Marsha Laurienti 7/30/2015 5:30:55 PM
I Came in late what happened to Edwards?

by Rund 7/30/2015 5:30:56 PM
JH was licking his fingers, it must have been good.

by Kristle 7/30/2015 5:31:00 PM
Fenton did follow protocol, still doesn't make her awareness fit for the job, and probably goes for her helpers. JH followed the protocol of securing all the firearms. Protocol is only a formal structure and has nothing to do with anything other than process and order. Insanity is not recognized or realized through protocol-----nor can medicine always be practiced this way. Fenton's mind was acting academically, not medically.

by okx 7/30/2015 5:31:08 PM
@Marti... I agree... ty!!

by LG 7/30/2015 5:31:19 PM
Isn't the jury at the courtroom now?

by Kristle 7/30/2015 5:31:20 PM
@Kristle: They should've arrived, but aren't in the room yet

by Phil Tenser 7/30/2015 5:31:23 PM
@okx--Did you hear Holmes' answers to Judge Samour's legal questions yesterday after the jury was excused. He understood everything he was asked about, and he gave a clear answer to every question....including one that required more than just "yes" or "no". He was completely articulate when he turned down his latest chance for allocution...

by flip 7/30/2015 5:31:40 PM
@Marti I agree with you - if you don't like current law, work at changing it legitimately through appropriate channels... Talking about it endlessly here isn't productive.

by Edy 7/30/2015 5:31:43 PM
Judge agrees with the DA on the inclusion of the notebook

by Phil Tenser 7/30/2015 5:31:55 PM
Brady objects to another slide that says "selfish" because she says the DA shouldn't use pejorative terms.

by Phil Tenser 7/30/2015 5:32:20 PM
Brauchler argues that Metzner agreed to use that word and that is how he plans to use the word "selfish"

by Phil Tenser 7/30/2015 5:32:38 PM
Again, this is seemingly desperate grasping by the DT. They are going down. I respect them. they have had almost nothing to work with.

by Suzi Lewis 7/30/2015 5:32:53 PM
@okx...I think you are 100% wrong...the victims will be satisfied with an executioner administering the lethal injunction...because the law will not allow them to kill him themselves...I bet you dollars to donuts if the law allowed a survivor, say Veronica's father, to kill him themselves, they'd do it.

by PA Watcher 7/30/2015 5:33:09 PM
This country does not condone cruel or unusual punishment and requires that we treat even convicted prisoners humanly. We do not starve prisoners.

by MW 7/30/2015 5:33:11 PM
Before the jury comes in, they need to throw away his leftovers.

by Kristle 7/30/2015 5:33:13 PM
Sorry, I'm wrong with everything I said.

by okx 7/30/2015 5:33:18 PM
No Kristie they are not in the courtroom

by PA Watcher 7/30/2015 5:33:20 PM
JG Many states in the US as well as DC have abolished the DP Stop acting like the whole country is barbaric

by okx 7/30/2015 5:33:25 PM
@kristie- youre killing me over here!!!

by Tired 7/30/2015 5:33:33 PM
Judge says he's not concerned under rules 401/403 in the current objection about the use of the term "selfish"

by Phil Tenser 7/30/2015 5:33:51 PM
2 more slides objected to that include pages from the notebook

by Phil Tenser 7/30/2015 5:34:14 PM
They're using the theater model in closing? (And @Phil thx @jury being there but not in the room yet)

by Kristle 7/30/2015 5:34:17 PM
@Kristle: It seems to be in the room... but I don't know how/why/who will use it

by Phil Tenser 7/30/2015 5:34:34 PM
@Tired LOL!!

by Kristle 7/30/2015 5:34:35 PM
- Quote
Brauchler argues there "are other motives unrelated to these delusions"

by Phil Tenser 7/30/2015 5:34:55 PM
James it the barbaric one. I think that's pretty clear.

by Mark 7/30/2015 5:34:57 PM
This lunch chat reminds me of the first day I watched the trial when someone made a big deal of the officer looking at the defendant while the attorneys were in a bench conference. Just something to chat about.

by Suzi Lewis 7/30/2015 5:35:52 PM
@ flip- a belated thank you for this info-Police: Who is your emergency contact?", Holmes immediately answered: "My psychiatrists". I completely forgot about this.
@okx-do you believe that everyone else is to blame except JH even though he has been found to be sane at the time of the crime?

by Mr.D. 7/30/2015 5:35:57 PM
Brauchler says he's added a slide with the phrase "I hate everybody" with an attribution to Dr. Woodcock. Intended to address 3rd statutory mitigator

by Phil Tenser 7/30/2015 5:36:23 PM
Now on page 19, 3 slides with handwriting on them

by Phil Tenser 7/30/2015 5:36:37 PM
Brauchler argues another motivation for the crime "is an interest in gaining some notoriety"

by Phil Tenser 7/30/2015 5:36:49 PM
PA Watcher- not all victims seek the death penalty. Think of the victims of the Charleston church shooter.

by MW 7/30/2015 5:36:58 PM
@MW: In this case, you're also right. Ghawi's brother tweeted that he didn't want the death penalty, if I remember correctly. BUT the DA's staff says the majority of families do want the death penalty

by Phil Tenser 7/30/2015 5:37:31 PM
Judge informs Brauchler to make sure the jurors understand the limited purposes for which he is being allowed to use these slides of evidence

by Phil Tenser 7/30/2015 5:37:57 PM
Agree with you, PA Watcher, and Mark--JH's crimes and his sanity finding combine to make him a uniquely good candidate for the death penalty.

by flip 7/30/2015 5:38:08 PM
For those who are for DP 100%, does every study that indicates the DP does not deter murderous or deadly crimes have any implcations for you? And if that consideration is taken off the table, are we left with "an eye for an eye" and a sense of personal vengeance?

by Clancy 7/30/2015 5:38:16 PM
Flip- I saw shooter's major differences yesterday too...I didn't even 100% know what "allocution"yet was- he sure did. Granted, his DT probably explained it to him, but he is so intelligent, so clearly manipulative, and such an actor- he deserves an Oscar. He is truly a different person today. If anything, insanity should have gone to Multiple Personality Disorder/Dissociative Disorder. Geeze!

by BluesB 7/30/2015 5:38:24 PM
Brady objects to using the phrase "killbox" and says she thinks she's objected to that before

by Phil Tenser 7/30/2015 5:38:41 PM
Brauchler reminds the judge he allowed the same slide in his closing from the guilt phase of the case

by Phil Tenser 7/30/2015 5:38:56 PM
ATTN: Phil someone is using my name and their statement is posted as my own. It says I'm sorry for everything I said.

by okx 7/30/2015 5:39:03 PM
@okx: I can't control what names people use. I can either offer to ban them all or you can change your name, or keep disputing that they are yours. I do not have time to invest to sort that out beyond those suggestions

by Phil Tenser 7/30/2015 5:39:35 PM