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

Agreed, @Abrandt!

by Kels 7/30/2015 3:25:17 PM
Orman's next concern is about a paragraph on the jail writings, the "galactic colonization" writings

by Phil Tenser 7/30/2015 3:25:36 PM
That should have been brought up in trial. Trial is over. This is ridiculous. Fenton is not on trial here. Nelson should be going to the medical board with this.

by Marsha Laurienti 7/30/2015 3:25:38 PM
Orman arguing the time period of the writings is inconsistent with the proposed instruction

by Phil Tenser 7/30/2015 3:26:04 PM
@emma I don't understand what you are trying to say?

by JG edited by Phil Tenser 7/30/2015 3:26:27 PM
Nelson replies there is evidence indicating these writings were in the appropriate time period

by Phil Tenser 7/30/2015 3:26:39 PM
@JG, when you say there is no way that somebody knows things are legally wrong but not morally wrong, I'd have to disagree. Not in this case but in general. It used to be illegal to help slaves escape, is that immoral also? Same with knowing that it's illegal to drink under 21, is that immoral? Was Jean Valjean immoral or just illegal when he stole a loaf of bread? (Sorry, I just finished an ethics in law course on it's been on my mind)

by COURTney edited by Phil Tenser 7/30/2015 3:27:04 PM
If tension is running high in that courtroom now, can you imagine what it will be like deciding the wording of the instructions if it goes to Phase 3?

by vt 7/30/2015 3:27:07 PM
@okx There's no way that JH could just be a evil person that just choice to do wrong and hurt other's instead of the thinking of mental illness you feel is the reason he did the killings?

by LG 7/30/2015 3:27:16 PM
MS-let me clarify: I believe the lawsuit would not be because of HIPPA, but because she did not do more, and shooter went through with the murder when he told her he had feelings of wanting to kill people. 'Sorry for confusing statement I wrote.

by BluesB 7/30/2015 3:27:22 PM
The mental illness law was changed due to this massacre to allow mental health professionals an easier time to use a 72 hr hold on people that they suspect may cause harm.

by Abrandt 7/30/2015 3:27:27 PM
Judge and Orman trying to remember testimony from Gonglach about the writings

by Phil Tenser 7/30/2015 3:27:51 PM
Judge says he recalls the Sheriff's department seized the writings, the defense found out about it and got them back. He remembers that in early 2014.

by Phil Tenser 7/30/2015 3:28:23 PM
Judge offers to check about whether gunman mentioned it to Dr. Reid, because Judge has a transcript

by Phil Tenser 7/30/2015 3:28:36 PM
@Phil - Good morning! I missed the last hour of testimony yesterday. Did Arlene's testimony end or is she expected to take the stand again today? Thanks Phil :-D

by Sarah 7/30/2015 3:28:39 PM
Hi, catching up to comment stream after meetings. I didn't read the comment about JH's childood as being a wholesale endorsement of his adult acts.

by Clancy 7/30/2015 3:28:40 PM
@Sarah: Her testimony concluded. Jury scheduled to arrive at 11:30 for the closings

by Phil Tenser 7/30/2015 3:28:55 PM
Notice the convicted shooter has his hand up to the side of his face, almost holding his head up during these arguments. Not an expression I've seen before

by Phil Tenser 7/30/2015 3:29:55 PM
Thank you Phil!

by Sarah 7/30/2015 3:29:57 PM
On this issue, judge says all sides will need to check. Orman says he believes they objected to the testimony this paragraph was based on

by Phil Tenser 7/30/2015 3:30:23 PM
Paragraph 44 is Orman's next objection

by Phil Tenser 7/30/2015 3:30:30 PM
@Phil, WHOA! You're so right. Holy cow!

by Kels 7/30/2015 3:30:37 PM
Nelson is reeeeeeaching.

by BluesB 7/30/2015 3:30:38 PM
JG-I believe you are referring to the jury's verdict. If so- you are correct. They found him morally and legally able to be aware of right from wrong in the shootings. Therefore rejected his plea of NGBRI & found him guilty. That's what I got from your post.

by BluesB 7/30/2015 3:30:42 PM
Orman says he doesn't remember anyone providing the name "echolalia"

by Phil Tenser 7/30/2015 3:31:13 PM
However, I remember having to look that word up before

by Phil Tenser 7/30/2015 3:31:22 PM
Echolalia means: "meaningless repetition of another person's spoken words as a symptom of psychiatric disorder."

by Phil Tenser 7/30/2015 3:31:38 PM
Judge remembers the word being used too

by Phil Tenser 7/30/2015 3:31:43 PM
echoLALEEa

by Tammy Garrison 7/30/2015 3:31:47 PM
I often wonder what Holmes will choose for his last meal...me, would be something cooked by Gordon Ramsey!

by Sally Mander 7/30/2015 3:31:50 PM
Nelson says Dr. Gur testifies about Echolalia

by Phil Tenser 7/30/2015 3:32:01 PM
@LG, JH was and probably still is a very compassionate, yet quiet, man that had one unfortunate episode. He should not be judged so harshly for one act of violence. He obviously had a mental episode that allowed all of his emotions to involuntarily come out at once. I'm sorry you cannot see this.

by okx edited by Phil Tenser 7/30/2015 3:32:30 PM
@Blues...thank you.

by ms 7/30/2015 3:32:31 PM
@courtney I don't get how that correlates. There's a HUGE difference b/t the conscious state of someone who knowingly drinks underage, steals and then someone who is planning a mass murder. One can land you in prison forever, one does not. its not an either or.

by JG edited by Phil Tenser 7/30/2015 3:32:48 PM
Or echo LEIGH LEE uh

by Tammy Garrison 7/30/2015 3:32:51 PM
Interesting point, Phil. I wonder if has some sort of different "composure" prepared for jury's observation today, as it's his " last chance" (*but not really, because of appeals).

by BluesB 7/30/2015 3:32:52 PM
Judge seems to agree with Orman that "values of the medication" shouldn't be considered mitigation

by Phil Tenser 7/30/2015 3:33:23 PM
Judge proposed rephrasing, Nelson agrees and Orman agrees too

by Phil Tenser 7/30/2015 3:33:33 PM
The judge pronounced it right.

by Tammy Garrison 7/30/2015 3:33:34 PM
@blues, yes that what I was conveying. In my opinion, there was no impairment as okx is speculating there to be

by JG edited by Phil Tenser 7/30/2015 3:33:47 PM
The "jist"......oh my, they learned too much from Gur....

by Kels 7/30/2015 3:33:49 PM
Next Orman objection is paragraph 58 on the last page

by Phil Tenser 7/30/2015 3:34:01 PM
It doesn't need to be a direct quote? The jist? Come on!

by Marsha Laurienti 7/30/2015 3:34:04 PM
Orman and Judge both ask "do we really need to argue that one" that the defense offered to plea, but was rejected

by Phil Tenser 7/30/2015 3:34:41 PM
Judge rejects that paragraph in its entirety

by Phil Tenser 7/30/2015 3:34:49 PM