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

@light so are you saying that the victims DO want JH to get DP? I am confused.

by Danielle 7/30/2015 7:18:32 PM
I could look crazy too if I wanted to.............I think it is all an act.

by kat 7/30/2015 7:18:34 PM
Not necessarily. Much of what they are saying is the opinions of the witnesses. That is not perjury but is left to the jury to weigh how much to depend on it.

by Suzi Lewis 7/30/2015 7:18:37 PM
I am confused. It sounds like the judge is just reading back testimony. Are these the only things the jury is supposed to consider in their deliberations?

by litprof 7/30/2015 7:18:40 PM
Brauchler has his work cut out for him

by JYC 7/30/2015 7:18:41 PM
I came to this trial feeling a lot of sympathy for JH. Something about the defense presentations always make me so angry that I lose any sympathy I had. They did a better job of convicting him than the PT did.

by Sophia 7/30/2015 7:18:43 PM
Continuing list from instruction #4: 60. No past history of being cruel to people/animals. 61. No one says he was mean, emotional, sensitive in the face of rejection. 62. Defendant still has family/friends/neighbors who will support him

by Phil Tenser 7/30/2015 7:18:57 PM
Instruction #5 of 22: How the jurors must determine if mitigating factors exist individually. They do not need to be unanimous about each factor and each juror must decide for themselves

by Phil Tenser 7/30/2015 7:19:45 PM
Actually, they are not purposeless. People with Autism use echolalia when they are unsure what it they are suppose to say or do, and use it to learn both actions and language at times.

by Tammy Garrison 7/30/2015 7:19:48 PM
I don't think the court reporter needs to keep up with the judge, what the judge is reading is already in evidence.

by bonz 7/30/2015 7:19:51 PM
Court reporters type in shorthand.

by Kristle 7/30/2015 7:19:52 PM
@Michelle- the llness is genetic and you don't catch it from anyone. The gene or combination of genes turns up in some relatives relatives and not others. All blood relatives are at risk.

by MW 7/30/2015 7:19:54 PM
Kat-These are allllll the mitigators slash EXCUSES the DT entered as mitigation for not putting him to death. NOT necessarily FACT.

by BluesB 7/30/2015 7:19:57 PM
Lots of times Danielle. when people make jokes he smiles and laughs sometimes

by Aly 7/30/2015 7:19:59 PM
With respect to each count, each juror must weigh mitigation factors against aggravating factor. Each juror can decide the weight they think is appropriate

by Phil Tenser 7/30/2015 7:21:11 PM
FPysch--these are the instructions...believe it or not.

by Tired 7/30/2015 7:21:14 PM
20min break after reading this.

by Kristle 7/30/2015 7:21:15 PM
It would appear that Holmes entire life is mitigation.

by bonz 7/30/2015 7:21:18 PM
@mid True- and it is highly unlikely that the mother could have had him hospitalized- and he didn't have to even see her.

by MW 7/30/2015 7:21:20 PM
For all the questions, this is the defense version of the 5 possible aggravating factors listed by the PT.

by Sophia 7/30/2015 7:21:21 PM
@light- Dr. Fenton was bound by Colorado law and was NOT following "academic protocol"

by MW 7/30/2015 7:21:22 PM
No cure for schizophrenia schizoeffective disorder.

by Kristle 7/30/2015 7:21:25 PM
Holmes, to himself: "Gosh, I regret now that I ever tried that "cup-on-my-penis" trick--they talk about it all the time, but it wasn't that great of a trick."

by flip 7/30/2015 7:21:28 PM
@ Suzi exactly why we disagree with jury decision on evidence dark and mysterious mental illness no one knows with certainty seems decision was more emotional because in truth, no absolute why DP for timely ignorance of this disease

by light 7/30/2015 7:21:31 PM
The court recorder is like...."Umm excuse me....I missed what you said after...Hello Ladies and Gentlemen....."

by Tired 7/30/2015 7:21:33 PM
Resa-you are right (new participants.)

by BluesB 7/30/2015 7:21:35 PM
Higgs is falling asleep

by TLR 7/30/2015 7:21:37 PM
@Tami -- the victims aren't parties in the trial. Holmes and the State of Colorado are

by Lynn 7/30/2015 7:21:41 PM
Jurors cannot consider aggravating factors beside those they confirmed after phase 1 (4 total)

by Phil Tenser 7/30/2015 7:22:06 PM
Aggravating factors: killed 2 or more people, knowingly created grave risk to others beyond the victims, especially heinous/cruel manner, defendant was lying in wait/ambush

by Phil Tenser 7/30/2015 7:22:47 PM
"Decision should not be mechanical or mathematical because the number of factors is not the only criteria you should use"

by Phil Tenser 7/30/2015 7:23:19 PM
"Nor should you merely assign arbitrary values ....and then subtract one value from the other"

by Phil Tenser 7/30/2015 7:23:37 PM
"reasoned moral judgement" is what the jurors need to do

by Phil Tenser 7/30/2015 7:23:49 PM
Instruction #6: Based upon early verdicts, gunman was convicted on 24 murder counts. Eventually, those will be merged to 12, so there is one for each victim of murder

by Phil Tenser 7/30/2015 7:24:45 PM
@Michelle Buendia--Mental illness is not passed down, per se, but the tendency to develop it is increased if there are others within the family who have had it. Just because it is in your family does not mean that it is your fate, nor does not having a family history guarantee that you won't be stricken with it. The ability to find it within your family tree has limited, but valuable worth, usually not even considered unless you become mentally ill.

by Suzi Lewis 7/30/2015 7:24:51 PM
IMO Gargi' Fenton and his mother all play key roles in. JH's actions on July 20, 2012. Mitigating factors albeit I do believe in personal accountability.

by Kristle 7/30/2015 7:24:57 PM
CRI-MI-NITLY!! Let's just give him an award for community service instead of sentencing him! Surely this all outweighs the horror he cause. Ugh. I listened to MOST of the instruction debates - but I do NOT recall that we were going to get a recap of his every move! He took out the neighbors trash, he was studious, he was respectful. He was DAMN NEAR PERFECT!! Gotta say - I've done a pretty good job of being impartial throughout the whole trial - but this is making me NUTS. All I can think of is the parents, children, friends and family of the deceased, injured and maimed, and can't help but wonder if they wish THEY could put up videos at Christmas, making gingerbread men, playing soccer, etc. This is toooooo much. Sorry - I just had an "episode".

by Tami in Ga 7/30/2015 7:25:07 PM
Aspberger's is a disroder on the autism spectrum, with many degrees of involvement.

by Clancy 7/30/2015 7:25:09 PM
only 17 more to go....

by mandi 7/30/2015 7:25:10 PM
Didn't Jodi Arias establish her own mitigators? I remember her addressing the jury aftet they found her guilty and eligible for DP...and it WORKED!!?!

by BluesB 7/30/2015 7:25:14 PM
Although I think the DP is the only way to go.

by light 7/30/2015 7:25:16 PM
Aly thats great he should, why not? best thing he can do for himself I am grateful he can

by light 7/30/2015 7:25:21 PM
@FLIP---IM Crying over here man! Thatw as hysterical!

by Tired 7/30/2015 7:25:23 PM
court reporters can do a minimum of 225 wpm on the court reporting machine. Some terms, like "beyond a reasonable doubt" are done by a single stroke of the keyboard. FYI

by ms 7/30/2015 7:25:25 PM
Mitigating factors (total) weight = .0000001
Aggravating factors (total) weight = 10000000

by Edy 7/30/2015 7:25:33 PM