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

@LG I agree, but I also think that Forgiveness and Justice can be two separate things

by Just Thinkin 7/30/2015 6:20:24 PM
After this recess we understand the jury will be called in to the courtroom to hear the instructions for this phase 2 deliberation

by Phil Tenser 7/30/2015 6:20:56 PM
@me For myself, it is insulting to quote Hickenlooper. He flipped and flopped on the DP issue for political reason and nothing else

by Just Thinkin 7/30/2015 6:21:44 PM
Judge is back, switching to live signal now

by Phil Tenser 7/30/2015 6:22:56 PM
I do remember the judge making a distinction between victim's impact statements in front of the jury and himself. So even w/o a phase 3, the victims will be able to speak.

by Lori James 7/30/2015 6:23:10 PM
@Just thinking. I wasn't insulted. Plenty more insulting things have been said.

by Clancy 7/30/2015 6:23:11 PM
Hickenlooper isn't my guy, for sure! He likes to brew beers and skip the important things! IMO

by Sally Mander 7/30/2015 6:23:21 PM
Does anyone know if the victims get asked if they would like JH to receive the DP?

by Danielle 7/30/2015 6:23:23 PM
Judge says his staff has emailed the final instructions to the attorneys

by Phil Tenser 7/30/2015 6:23:40 PM
No more objections from the DA or the defense. Ready to move forward!

by Phil Tenser 7/30/2015 6:24:18 PM
Ready for the jury?

by Phil Tenser 7/30/2015 6:24:23 PM
Me, your story backs up my feeling on cases like this: none of us should presume to speak for the victims. We cannot know what they 'should' want or 'should' do, and we cannot know what will 'help them find peace' or anything else. It is truly presumptuous for any of us to spout off about what these victims 'should' be feeling or 'need' to be doing (and I'm thinking of a particular poster). And these victims do not all speak with one voice. I can only respect each of their voices.

by Sophia 7/30/2015 6:25:31 PM
In my opinion forgiveness can be given but that doesnt mean you accept what the action was. Justice will NEVER be obtained by anyone that lost someone because it will not bring their family member back. JH if he is sentenced to the DP will not bring anyone's family/friend back.

by Stacie 7/30/2015 6:25:32 PM
@Diane Lacey Leuty - You know your tax dollars pay for the prosecution as well, right?

by Staniel 7/30/2015 6:25:33 PM
Ready, Set, GO!!!!

by Kristle 7/30/2015 6:25:33 PM
In comes the jury.

by Phil Tenser 7/30/2015 6:25:44 PM
James Eagan Holmes is solely responsible for mass murder, maiming and bloodcurdling terror to people; individually, a community and this nation. It is within the law of a Colorado jury to decide his fate. Even if that means he shall be put to death.

by Resa 7/30/2015 6:26:25 PM
Everyone stands as the jury is brought in

by Phil Tenser 7/30/2015 6:27:02 PM
Judge says instructions will last about an hour, once those get started

by Phil Tenser 7/30/2015 6:28:14 PM
Brauchler's timer is Orman.

by Kristle 7/30/2015 6:28:18 PM
Phil, how about a poll after closing arguments about whether or not we are moving on to phase 3?

by Tammy Garrison 7/30/2015 6:28:19 PM
@Me.... Are you also aware that our Gov of Colorado last run for office he WAS FOR the DP and then has changed his mind ONLY in reference to the Dunlap case... that statement you posted it's for all DP cases

by LG 7/30/2015 6:28:26 PM
@TammyGarrison: Remind me at the end of the arguments to do that please

by Phil Tenser 7/30/2015 6:28:39 PM
Jury is in, everyone may be seated

by Phil Tenser 7/30/2015 6:28:51 PM
Judge says jurors are back to their usual seats, meaning they're feeling better (4 were sick)

by Phil Tenser 7/30/2015 6:29:09 PM
I agree with Just Thinki. Just because you forgive someone, doesn't mean they are not held accountable for their actions.

by Tammy Garrison 7/30/2015 6:29:13 PM
Sorry isn't for all DP cases... my typo on my last comment

by LG 7/30/2015 6:29:33 PM
Brady confirms she has no more presentations

by Phil Tenser 7/30/2015 6:29:43 PM
Can always hear the door as he jury enters/exits.

by Kristle 7/30/2015 6:29:50 PM
I'll try. If they go after 4:30, I have to hit rush hour traffic, my time.

by Tammy Garrison 7/30/2015 6:29:52 PM
Brauchler confirms he has no rebuttal evidence

by Phil Tenser 7/30/2015 6:29:53 PM
Court staff now distributing the jury instructions copies

by Phil Tenser 7/30/2015 6:30:14 PM
@LG you might want to read up on your state's executive orders.

by Me (CaliMiSFit@yahoo.com) 7/30/2015 6:30:36 PM
Judge explaining jurors should not mark on the originals of the instructions or the verdict forms (except for what they decide)

by Phil Tenser 7/30/2015 6:31:07 PM
Brady asks to approach the judge for a sidebar

by Phil Tenser 7/30/2015 6:31:16 PM
@Tammy Thank you! It is not all the same

by Just Thinkin 7/30/2015 6:31:22 PM
LG-I had to check out for a while ...which comment did I make that you were trying to also make a statement about? I'm interested to know where our opinions align-although from what you've been writing, I think it's on almost or every point. Thanks again- 'just wondered which comment elicited your 'clapping'. Ha!

by BluesB 7/30/2015 6:31:33 PM
I am hoping no DP. I've been reading this link about other cases of people with mental health issues that have been executed for anyone interested: www.deathpenaltyinfo.org

by Jen 7/30/2015 6:31:48 PM
Alreaqdy a sidebar?

by Marsha Laurienti 7/30/2015 6:32:06 PM
Although Brady asked for the sidebar, Nelson was the one who went up

by Phil Tenser 7/30/2015 6:32:23 PM
Shooter looks weird. Slouchy. Ooh-there goes the hand again, Phil. Maybe he's biting his nails (& wants jury to see...?)

by BluesB 7/30/2015 6:32:31 PM
Judge says there is a page missing in the forms. Judge says his staff will print copies of that one page

by Phil Tenser 7/30/2015 6:32:45 PM
Judge asks for patience as that happens

by Phil Tenser 7/30/2015 6:32:56 PM
Judge confirms that a 20 minute recess will follow the reading of the instructions. Afterward defense and prosecution will each get 40 minutes to present

by Phil Tenser 7/30/2015 6:33:34 PM
Thank you, @Jen.

by Clancy 7/30/2015 6:33:46 PM