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 live here I know what he said and why he said it he was in largely voted into because of being for DP .... he's not a favorite Gov now that's he's changed his mind...

by LG 7/30/2015 6:33:52 PM
In my opinion the jury should be told that the defendant refused to speak.

by AnnaB1962 7/30/2015 6:33:54 PM
@AnnaB1962: that is an instruction they have repeatedly given and will give again here

by Phil Tenser 7/30/2015 6:34:09 PM
All this time and money spent on this trial....smh.

by Kristle 7/30/2015 6:34:16 PM
He "broke character ". Staring again now...

by BluesB 7/30/2015 6:34:18 PM
the Def. posture is solo staged

by JYC 7/30/2015 6:34:21 PM
This is only slightly removed from the days of the Colosseum

by Staniel 7/30/2015 6:34:26 PM
@Staniel: From my understanding of my visit and tour of the Colosseum last year, that is a misconception of the use of that building

by Phil Tenser 7/30/2015 6:35:00 PM
@BlueB about people and their lives and what they've been through and sharing them

by LG 7/30/2015 6:35:13 PM
The older detective back table drinking a bottle of Pepto.

by Kristle 7/30/2015 6:35:17 PM
hmm. calculating all the time left with breaks and all. I bet they wont start deliberating until Monday. They are off tomorrow right?

by colo 7/30/2015 6:35:21 PM
@colo: yes

by Phil Tenser 7/30/2015 6:35:25 PM
Staff brings in the missing form, judge verifies them, and asks they be distributed

by Phil Tenser 7/30/2015 6:35:38 PM
Mental illness is a difficult call. In our society we consider aberrant behavior as a mental illness.

by bonz 7/30/2015 6:35:45 PM
@LG, do you mean that he's not your favorite gov?

by Clancy 7/30/2015 6:35:47 PM
@BluesB- of course he wants them to see. I suspect he will be playing to them today more than we've ever seen

by CO newbie 7/30/2015 6:35:55 PM
Metallica is in a separate room from the deliberating jurors.

by Kristle 7/30/2015 6:35:58 PM
haha I meant @ME.... lol Sorry working on only 3 1/2 hrs of sleep was in the hospital until 1am last night...

by LG 7/30/2015 6:36:02 PM
@Kristle, what else would you recommend?

by Clancy 7/30/2015 6:36:04 PM
@LG Agree - The GOP was a mess, so he had an easy election back in. BTW - I;m an independent so no political views being brought in

by Just Thinkin 7/30/2015 6:36:12 PM
The missing page goes into instruction #4

by Phil Tenser 7/30/2015 6:36:50 PM
Awww poor staff. They have had a lot of last minute things to do!

by Just Thinkin 7/30/2015 6:37:49 PM
Judge Samour will now read the 22 instructions aloud

by Phil Tenser 7/30/2015 6:38:18 PM
#1 explains phase 2 is complete and lists admonishments

by Phil Tenser 7/30/2015 6:38:34 PM
Phil how long with the instructions take?

by LG 7/30/2015 6:39:40 PM
@LG: about an hour, he said

by Phil Tenser 7/30/2015 6:39:44 PM
I'm going to get focused now on what the judge is saying, so please be patient if comments are delayed

by Phil Tenser 7/30/2015 6:40:10 PM
Instruction #1 also contains the standard rules that jurors cannot be communicating about the trial, researching outside sources, consider outside information, tell people about the case, etc

by Phil Tenser 7/30/2015 6:40:47 PM
If you're looking for things to read about death penalty, Clarence Darrow once made a 12-hour closing argument against the death penalty. It's worth at least skimming. law2.umkc.edu

by Lynn 7/30/2015 6:41:34 PM
@just thinking I agree with your statement 100% and I'm also an independent and don't care to share my political views @Clancy... just sharing what happen in our state

by LG 7/30/2015 6:41:37 PM
argh! It's so frustrating that they have to take all these Fridays off. Right when you get into the momentum of the trial ... bam! .... another 3-day weekend.

by kate 7/30/2015 6:42:05 PM
I really hope Brauchler says to jury something like "...he lied to you. He was planning this whole nightmare to the last detail. He researched mental illness, IN HIS OWN WRITING. That's not mental illness. He insulted your intelligence. He is manipulating every aspect of this-even those who tried to help. Doctors. School Faculty. Friends. Likely even his parents..."
**(ONLY my opinion ).

by BluesB 7/30/2015 6:42:19 PM
Jurors will not be allowed to bring cell phone into the deliberation room (note that they can't have it in courtroom either)

by Phil Tenser 7/30/2015 6:42:59 PM
Aaaah. Thanks, LG.

by BluesB 7/30/2015 6:43:36 PM
And my state, @LG; I live here, too.

by Clancy 7/30/2015 6:43:37 PM
Instruction #1 says that in this phase, each of the jurors will be called upon to deliberate based on their "individual reasoned moral judgement"

by Phil Tenser 7/30/2015 6:44:08 PM
- Quote
Instruction #2: Defines mitigating factor. "It is not a justification or excuse for the crime..." but instead as "diminishing the defendant's culpability or the appropriateness of the death penalty"

by Phil Tenser 7/30/2015 6:46:16 PM
Jurors can consider any evidence they want as mitigating, and that means any list in the coming instructions are not a limit on their considerations

by Phil Tenser 7/30/2015 6:47:23 PM
But jurors cannot cross the mitigating and aggravating factors

by Phil Tenser 7/30/2015 6:47:52 PM
#3 contains statutory mitigating factors

by Phil Tenser 7/30/2015 6:47:59 PM
1. age at the time of the crime. 2. capacity to appreciate wrongfulness (mental illness) 3. emotional state of the defendant at the time. 4. Absence of prior conviction 5. Extent of cooperation with officers. 6. Any other evidence introduced

by Phil Tenser 7/30/2015 6:48:42 PM
COnewbie-'AGREE.

by BluesB 7/30/2015 6:50:31 PM
Instruction #4 says jurors can also consider these things, asserted by the defense: 1. Experts agree that defendant has mental illness. 2. Experts agree defendant isn't faking. 3. chronic illness was the cause of the shooting. 4. Defendant was genetically loaded to develop psychological disorder with family history. 5. Defendant was 24 yoa at the time of the shooting, a time when schizophrenia onset occurs. 6. Defendant had no previous arrests. 7. Defendant's move to Salinas/Oak Hills, lived in a loving home. They continue to support him. 8. Friends and neighbors describe him as a good kid.

by Phil Tenser 7/30/2015 6:52:25 PM
Continuing list from instruction #4: 9. Defendant participated in typical activities in elementary school, like piano and sports. 10. Younger sister was born 5 years later. Defendant took a big sibling class to prepare. 11. Castorville teachers described defendant as a bright, well-liked child

by Phil Tenser 7/30/2015 6:53:46 PM
Is this Phase 3 now?

by FMM 7/30/2015 6:53:48 PM