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

@ flip--I know! Surely he could have found a better trick!

by Suzi Lewis 7/30/2015 7:25:34 PM
Instruction #7: treat the defendant as a "uniquely individual human being" and the cannot consider public opinion or other prejudices/biases

by Phil Tenser 7/30/2015 7:26:01 PM
I'm a little surprised that we're still discussing whether JH was faking. None of the doctors, with all their experience and all the tests' abilities to weed out fakery, have suggested that. That would suggest that JH is a criminal mastermind. I don't believe that.

by Clancy 7/30/2015 7:26:12 PM
MW where was the risk

by light 7/30/2015 7:26:13 PM
Instruction #8: The jurors may consider mercy, based upon the evidence

by Phil Tenser 7/30/2015 7:26:24 PM
Instruction #9: As to each count of murder in the first degree, the case will only go to phase three if every juror is convinced beyond a reasonable doubt that mitigating factors do not outweigh aggravating factors. If the jury doesn't want to unanimously move on to phase three, the case will stop and defendant will be sent to prison for life

by Phil Tenser 7/30/2015 7:27:09 PM
Instruction #10: Neither party has the burden of proof in this phase

by Phil Tenser 7/30/2015 7:27:31 PM
@Lynn - I know. I was being snarky. Sorry.

by Tami in Ga 7/30/2015 7:27:33 PM
I have faith in GB and the jury! The DP will come, just waiting for it!

by Sally Mander 7/30/2015 7:27:34 PM
@ Suzi: It's my understanding that court reporters are certified to transcribe 250 words per minute. It's a gifted skill I can't fathom.

by Keeter 7/30/2015 7:27:36 PM
REASONED MORAL JUDGMENT!!! Let's hope they use it. I have faith in this jury.

by Suzi Lewis 7/30/2015 7:27:38 PM
Didn't the parties agree that there will be a one hour wait to read jury verdict?

by Resa 7/30/2015 7:27:40 PM
@Resa: 2 hours

by Phil Tenser 7/30/2015 7:27:44 PM
How many instructions are there?

by Viking 7/30/2015 7:27:47 PM
@Viking: 22 i think he said

by Phil Tenser 7/30/2015 7:27:53 PM
im just plugging in now, what exactly is he reading please and thank you

by sd 7/30/2015 7:27:54 PM
@sd: instructions for phase 2 deliberations

by Phil Tenser 7/30/2015 7:28:01 PM
@Blues Arias allocated in trial but during penalty she did so off camera, you know, for her safety....If I remember correctly. You couldn't get that girl off the stand.

by Resa 7/30/2015 7:28:07 PM
At this point, it's almost moot. DP or not, he accomplished what he wanted. He will be remembered. People will look up his photos. He got allllll of this ridiculous "Jimmy"-attention. He didn't pay a dime. And even if on death row, will still live for years, as we have also all pointed out. I used to be more fired up, but now I'm just SO sad- the victims (as others have pointed out) won't get any sort of memorial like he is getting, & regardless of what is decided, he did what he so carefully & thoughtfully set out to do-he just didn't kill as many as he expressed wanting to kill. I guess if they come back with DP, at least he can't feel like he fooled them or pulled the wool over their eyes. That's all I'm left with. :/

by BluesB 7/30/2015 7:28:20 PM
Instruction #11: Reasonable doubt defined "arising from a fair and rational consideration of all the evidence or lack of evidence"

by Phil Tenser 7/30/2015 7:29:07 PM
Instruction #12: You are instructed that the prosecution seeking the death penalty cannot be considered at this stage

by Phil Tenser 7/30/2015 7:29:32 PM
Instruction #13: Court reminds jury that number of witnesses does not prove or disprove anything

by Phil Tenser 7/30/2015 7:29:48 PM
Instruction #14: Jury is the only judge of the credibility of the witnesses

by Phil Tenser 7/30/2015 7:30:04 PM
the most recognized scientist in the state of CO has Aspbergers, a form of autism. Brilliant and very sensitive. this is why violence wasn't even considered as child

by light 7/30/2015 7:30:14 PM
Did I just hear that if one juror finds that the mitigating factors out weigh the Aggrevating factoirs...he gets LWOP?

by Tired 7/30/2015 7:30:16 PM
@flip: LOL!!

by Kristle 7/30/2015 7:30:18 PM
@Tired: They don't have to agree on the factors, but they must be unanimous in deciding to move to phase 3. if not, LWOP is the outcome

by Phil Tenser 7/30/2015 7:30:42 PM
Instruction #15: Court reminds jury they are not bound by expert testimony

by Phil Tenser 7/30/2015 7:30:54 PM
Light- if there is an individual with say schizophrenia in a family then all blood relatives are assumed to be of increased risk of developing the illness. This is basic genetics and it presumes that the illness is genetic (as schizophrenia is). The risk reduces the futher removed from the person you are but your risk remains above that of the general population.

by MW 7/30/2015 7:31:04 PM
@Blues B- agreed.

by Mr.D. 7/30/2015 7:31:05 PM
Instruction #16: In reaching their verdicts, they can consider any evidence but items admitted during phase 2 to show mitigating factors can only be considered for that reason. Cannot be considered as aggravating

by Phil Tenser 7/30/2015 7:31:43 PM
@bluesb not all think he is fooling and all the doctors said so

by light 7/30/2015 7:31:50 PM
@ Resa ..Arias didn't allocate in the second penalty phase but I do remember the judge asking her if she was on drugs or forgot to take them..LOL

by Dennie Carp 7/30/2015 7:31:51 PM
@BluesB I'm right there with you. I am impressed though, with the fact that we, as a group, have pretty consistently refused to give him a name and that in most of the news reports, there is as little mention of it as possible.

by Suzi Lewis 7/30/2015 7:31:57 PM
Nothing to see here Folks, Phase 3 is the next stop on this train.

by Sertao 7/30/2015 7:32:38 PM
Instruction #17: Every person charged with a crime/convicted of murder can decide not to testify. This defendant did not testify and jurors cannot infer anything from that.

by Phil Tenser 7/30/2015 7:32:39 PM
Instruction #18: Jurors were allowed to submit question, cannot infer if their question was blocked. Judge can refuse questions based on legal admissibility

by Phil Tenser 7/30/2015 7:33:26 PM
Yes, Resa-she was a piece of work. The art she traced & tried to sell blew me away. And her "victims of domestic violence "-shirt she wore & sold!!?! OMG. Remember that???

by BluesB 7/30/2015 7:33:44 PM
Instruction #19: Jurors were allowed to take notes, but are encouraged to rely on their memory. They can't give weight to other jurors based on quantity/quality of their notes

by Phil Tenser 7/30/2015 7:34:28 PM
Instruction #20: foreperson can submit questions/notes from the jury. Judge will answer whenever he is allowed to answer

by Phil Tenser 7/30/2015 7:34:53 PM
Instruction #21: Jurors do not need to explain/justify to each other their decisions about existence or weight of mitigating factors or how they balance against aggravating factors. But they must work together as a whole

by Phil Tenser 7/30/2015 7:35:45 PM
Instruction #22: Bailiffs will escort deliberating jurors to the room after the closing arguments. They'll need to fill out the 24 verdict forms, one for each count. and they must make the decision for each count, and the foreperson will indicate the group's decision

by Phil Tenser 7/30/2015 7:36:17 PM
Judge will next read a sample verdict form for phase 2

by Phil Tenser 7/30/2015 7:38:07 PM
Sample form is for Count 1, Jonathan Blunk

by Phil Tenser 7/30/2015 7:38:25 PM
Arias said she shouldn't get DP because she could start programs in prison that would help inmates. Judge basically said you won't be special in there...you will be just another inmate and not there to improve anyone's life.

by Lori Butterfield 7/30/2015 7:38:53 PM