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

I'm not buying the aspbergers or autism excuses. I have seen it quite often in my years as a teacher and this guy has none of the markers.

by litprof 7/30/2015 7:38:56 PM
I also hope Brauchler reminds them that victims won't get their statements unless they at least consider the death penalty. They don't need to move on to it instantly right now, but they need to consider it to give the victims their chance for a cathartic release and a little bit of closure. I hope he drives that point home , 'really really do.

by BluesB 7/30/2015 7:39:00 PM
Agreed Suzi!!

by BluesB 7/30/2015 7:39:13 PM
@Phil Question for legal expert: Is the prosecution usually very worried about jury fatigue at this point? In other words, might they worry that they will not go to phase 3 just to be able to stop hearing testimony and deliberating again?

by Lori Butterfield 7/30/2015 7:39:19 PM
Guessing that there is about a 50-50 chance that they will not be unanimous on mitigating not outweighing aggravating. Think this will take longer than phase 1.

by trl2 7/30/2015 7:39:47 PM
Unfortunately, these legal instructions cannot account for anything that may happen in the future. Charles Manson and his little group of savage murderers all got the death penalty for the Tate/LaBianca killings. Only, ta da!, unrelated to the Manson case California briefly overturned the DP a year or two later and all of the Manson Family murderers' sentences were converted to "Life WITH the Possibility of Parole". Good ol' Tex, who brutally carved up most of the victims personally, was allowed to marry while in prison, and he fathered four children who were supported by welfare. Two generations of victims' family members still have to show up for heart-wrenching parole meetings for these butchers--this is still happening, and some of the most vicious killers have come close to being freed. There is absolutely no guarantee that a court might someday find that LWOP in Colorado is unconstitutional. At least the DP permanently satisfies the will of the convicting jury, if it is carried out. If not, there's just no telling what might happen.

by flip 7/30/2015 7:39:58 PM
So, if they fill out and sign section 1 for only 1 count, does it still go to phase 3?

by vt 7/30/2015 7:40:01 PM
@vt: If on any one count they decide to move on to the next phase, they will. But they do not need to decide the same for every count (though they likely will)

by Phil Tenser 7/30/2015 7:40:28 PM
Yes, LoriB-'quite the narcissistic girl, along with a macabre revenge killer. I didn't hear the judge tell her that. Missed it, darnnit.

by BluesB 7/30/2015 7:45:26 PM
@BluesB, agreed.

by Kels 7/30/2015 7:45:27 PM
I think it should go to phase three regardless....the victims have the right to be heard

by kat 7/30/2015 7:45:32 PM
Thanks Phil, and I agree - they will vote the same on all.

by vt 7/30/2015 7:45:33 PM
@Blues- I don't think that would be allowed. To decide on the death penalty just to give the victims a chance to say their piece sounds just wrong. I understand your desire to allow them to face JH and tell him just what they feel, but as a factor in the decision?

by MW 7/30/2015 7:46:03 PM
@Phil, a question for you or legal-eagle: If LWOP is the sentence, can it EVER be changed to LWP? Tnx

by Clancy 7/30/2015 7:46:04 PM
@Clancy: I don't believe so

by Phil Tenser 7/30/2015 7:46:09 PM
Brauchler just HAS to remind jury that if they do not go to phase 3 & at least consider death penalty, victims will not have a voice. He has to nail that home. Then they know they don't have to decide DP, but need to go to next phase so victims can express themselves.

by BluesB 7/30/2015 7:46:18 PM
Is Ms Higgs all scrunched down in her chair?

by MyraJ 7/30/2015 7:46:21 PM
Is it possible for them to find LWOP on 1 count, but DP on another count for the same person? I don't remember hearing anything about that. Or am I just an idiot?

by DocJ 7/30/2015 7:46:29 PM
@DocJ: Theoretically they could do that, since no two counts are necessarily tied together yet.

by Phil Tenser 7/30/2015 7:46:47 PM
I hope Samour slams her for this! He said no more slide discussion. Aaaah!

by BluesB 7/30/2015 7:46:51 PM
IMO the parents pulled the Aspbergers card because they had to come up with something to tell a psychiatrist that their son was seeing that they weren't supposed to be told about! The parents know more than they're saying. Motive!

by Kristle 7/30/2015 7:46:56 PM
Is the policeman standing there to prevent the jurors from looking at JH as they enter the courtroom?

by Jen 7/30/2015 7:47:03 PM
I know Ms Brady is just doing her job, but it sure seems to come across as a kid on the playground rearguing a point again and again because she doesn't like the answer--or like one of my kids taking a different tack to try to change my mind!

by Suzi Lewis 7/30/2015 7:47:14 PM
Pleasepleaseplease Brauchler tell them go to phase 3 so at least victims get a few minutes versus Jimmy's days of "excuses"...they can still choose LWOP. Just let them hear victm statements. :, (

by BluesB 7/30/2015 7:47:19 PM
...Brady is doing closings?

by Kels 7/30/2015 7:47:20 PM
I don't think that I can listen to Brady if she is doing the closing.

by kat 7/30/2015 7:51:59 PM
Oh it's going to Phase 3.....

by Kristle 7/30/2015 7:52:00 PM
@Kels - not yet.. break then DT get 40 mins of closing, then PT's closing

by mandi 7/30/2015 7:52:02 PM
@BluesB- I don't think GB can do that , can he?

by Mr.D. 7/30/2015 7:52:03 PM
Are you sure that the victims can't make impact statements, even if he is given LWOP? Remember, he also has to be sentenced for the other counts of which he was convicted.

by Suzi Lewis 7/30/2015 7:52:10 PM
@Jen...the Sheriffs are there to maintain order in general and to protect everyone in case Jimmy decides to go off again

by PA Watcher 7/30/2015 7:52:16 PM
Ms. Higgs is just very short, under 5'.

by Kristle 7/30/2015 7:52:17 PM
Yep Brady is doing closing. She is actually very smart if we can get past her voice.

by Kristle 7/30/2015 7:52:24 PM
I want to be perfectly clear…was the comment that the jury should proceed to DP considerations so the victims' families can speak? Or am I misunderstanding the sentiment?I want to be sure I'm understanding correctly.

by Clancy 7/30/2015 7:52:30 PM
MW-phase 3 is only considering death penalty. It is not choosing it. It is moving to the phase where victims can express, for a few moments, their agony, while Jimmy got days of excuses as midigation, as I said in my comment- they can still choose LWOP at the end of Phase 3. *Just check my post again and you'll see.

by BluesB 7/30/2015 7:52:39 PM
If this goes to Phase 3, my understanding is that family members of the murdered victims will be allowed to speak. When the judge finally imposes a sentence (whether DP or LWOP) any of the victims will be given an opportunity to speak if they opt to make an impact statement. Is that correct @Phil?

by Edy 7/30/2015 7:52:47 PM
Looking for another great presentation from Mr. Brauchler.

by flip 7/30/2015 7:52:48 PM
@Edy: Since the penalty process we are in now deals only with the victims of murder, that sounds accurate to me

by Phil Tenser 7/30/2015 7:53:15 PM
Didn't we hear days and days of testimony from and about victims? (This is not saying we shouldn't hear from them.)

by Clancy 7/30/2015 7:53:19 PM
The policemen are there for safety measures.

by Kristle 7/30/2015 7:53:20 PM
@Clancy: The distinction is that their testimonies were limited in their emotional content and other content not directly relating to the charges

by Phil Tenser 7/30/2015 7:54:00 PM
#teambrauchler

by Kristle 7/30/2015 7:54:02 PM
I bet Higgs does closings. Or did I miss it-did they affirm Brady? I guess maybe so-it was her slides & interactions with Brauchler, so...maybe it is Brady!?

by BluesB 7/30/2015 7:54:22 PM
@BluesB: All indications are that this will be Brady

by Phil Tenser 7/30/2015 7:54:31 PM
@Blue- I stand corrected. I was getting a bit ahead of things.

by MW 7/30/2015 7:54:33 PM