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

@PA Watcher I think you are %100 wrong. I don't believe most people would kill anyone out of revenge. Most people are good and aren't filled with hate and anger.

I didn't want to murder the person that brutally raped. beat and murdered my mother. No one in my family had the urge to do that and we didn't ask for the DP.

by Me (CaliMiSFit@yahoo.com) 7/30/2015 5:39:55 PM
First responders used term "kill zone" & "kill box".

by BluesB 7/30/2015 5:39:59 PM
Judge thinking about his response, after explaining his previous reasoning

by Phil Tenser 7/30/2015 5:40:13 PM
@okx That's pretty childish that someone would do that. You should give yourself a picture or add your email address of something so we know its you =).

by Me (CaliMiSFit@yahoo.com) 7/30/2015 5:40:49 PM
@clancy there isnt a punishment known to man that deters others from committing a crime if there was it would be used as a punishment for every offence and then the world would be crime free fines dont stop people prison dont stop people death doesnt stop people Some people just dont care and take the risks

by markefc_ 7/30/2015 5:41:24 PM
Brady says "the term kill box is a statement of personal opinion" and she suggests using "shooting in a theater" instead

by Phil Tenser 7/30/2015 5:41:25 PM
Judge says he distinguishes this from phase 1 because that was just based on argument

by Phil Tenser 7/30/2015 5:41:48 PM
What is the method used in CO for death penalty?

by litprof edited by Phil Tenser 7/30/2015 5:41:54 PM
Edy, if no one should discuss the DP here, NO ONE should mention it. It's already been established that it is an acceptable topic here. If Phil wants to change that, I'm confident that he will.

by Clancy 7/30/2015 5:42:03 PM
hahaha that's some funny stuff!!!

by LG 7/30/2015 5:42:03 PM
- Judge's Order
Judge says he will overrule the objection, allow the slide

by Phil Tenser 7/30/2015 5:42:20 PM
- Judge's Order
Brady next objection to using "his victims" that is also overruled

by Phil Tenser 7/30/2015 5:42:32 PM
Didn't Brady do this last time when the judge got so upset about making the jury wait for so long?

by Suzi Lewis 7/30/2015 5:42:44 PM
How about "target rich environment"? Does that make your client look bad?

by Lori Butterfield 7/30/2015 5:42:48 PM
Maybe he was saddened by his family's testimony

by Lorettaostmann 7/30/2015 5:42:49 PM
Phil-do we go straight to closing and rebuttal right now (After judge's rulings) or do we have a break while each side prepares...? I got confused a bit. :P

by BluesB 7/30/2015 5:42:50 PM
@BluesB: I wish I knew! I think the court staff will need a few minutes to eat, but we'll see

by Phil Tenser 7/30/2015 5:43:06 PM
IMO kill box is inappropriate. It was a movie theater so say that, adding slang words are stupid.

by Kristle 7/30/2015 5:43:08 PM
- Judge's Order
Judge decides it is proper and not prejudicial to use "His victims"

by Phil Tenser 7/30/2015 5:43:33 PM
Phil isn't this a DP case? Or am I wrong?

by Sally Mander 7/30/2015 5:43:41 PM
Phil, you hungry too?

by Resa 7/30/2015 5:43:55 PM
Page 30 is a photo of a weapon and blood spatter. Judge will allow it because that is where the weapon was found

by Phil Tenser 7/30/2015 5:43:56 PM
@SallyMander: It is

by Phil Tenser 7/30/2015 5:44:02 PM
@Me--Sorry to hear about that terrible event in your life, Me, but that doesn't make your take on the morality of the death penalty a universal concept. A large segment of society believes that some crimes are so heinous that the death penalty is warranted. Your opinion is your own, not necessarily shared by others.

by flip 7/30/2015 5:44:13 PM
But it WAS a kill box!

by Suzi Lewis 7/30/2015 5:45:04 PM
Lethal injection in Colorado

by Anita Bowen 7/30/2015 5:45:05 PM
JH hasnt moved since he finished eating

by emma 7/30/2015 5:45:06 PM
@Clancy...first of all I do not advocate the DP for every murder; second, if anyone deserves the DP it is Jimmy; third, given his hatred of mankind and his ability to meticulously plan mass murder, the DP will certainly deter his future murderous conduct. If I recall correctly...Ted Bundy never killed again; John Wayne Gacy never killed again, Timothy McVeigh never killed again, Allen Lee Davis never killed again...

by PA Watcher 7/30/2015 5:45:14 PM
Brauchler's slideshow also includes photos of injuries, he says he will zip through them quickly but wants to highlight grave risk of injury the shooting occurred

by Phil Tenser 7/30/2015 5:45:35 PM
Thank you Phil. Also- you are so right about shooter's hand... it literally has not left the right side of his face, except for eating ...how odd! 'Very good eyeballs to notice that while you are multi tasking...

by BluesB 7/30/2015 5:45:40 PM
Had to put myself in time out. Some of these comments were just too much, especially when one of mine was overruled. Know the mods have a tough job . . .

by Just Thinkin 7/30/2015 5:45:46 PM
So then we CAN talk about the DP? Because I am in favor of it... this case it need to happen!

by Sally Mander 7/30/2015 5:45:50 PM
Mr. G I did not agree with the jury findings, but accept it. That is another reason to not use DP juries have been wrong many many times even after laborious selection it appeared from public info that it was a homogenous group, rather than highly diverse not blaming them or the selection, just what it is

by okx 7/30/2015 5:46:02 PM
Thanks guys, got an avtar now so nobody can pretend they are me.

by okx 7/30/2015 5:46:04 PM
@flip never said that. There's people in here that make our entire country out to be barbaric heathens and it makes me sad.

by Me (CaliMiSFit@yahoo.com) 7/30/2015 5:46:15 PM
Judge agrees that the photos show the grave risk of death created and that is an aggravating factor

by Phil Tenser 7/30/2015 5:46:30 PM
Brady pushes the issue, with a list of objections she's often made re: protecting her clients rights. That's a common record in case they ever want to appeal

by Phil Tenser 7/30/2015 5:46:57 PM
Brauchler checking if the court read the 7 slides about the delusion regarding human capital

by Phil Tenser 7/30/2015 5:47:18 PM
@Me (cali) you've taken my breath away. So very sorry for your loss. And so grateful for your measured responses after such an awful thing.

by Clancy 7/30/2015 5:47:27 PM
10?!

by Tammy Garrison 7/30/2015 5:47:28 PM
Are JH parents in the court room again?

by Sun David 7/30/2015 5:47:33 PM
@SunDavid: I can't see that, but Marshall is there and can tell us later

by Phil Tenser 7/30/2015 5:47:43 PM
NO more DP talk pleaseeeeeeeeeeeeeeeeeeeeeeeeeee ;)

by LG 7/30/2015 5:48:18 PM
Of course that's what it was but it was also a daggone movie theater too.

by Kristle 7/30/2015 5:48:21 PM
Yep! Parents there!

by Kristle 7/30/2015 5:48:23 PM