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

Orman states he believes language in the instructions is "argumentative"

by Phil Tenser 7/30/2015 3:35:08 PM
First citation is paragraph 11: "To the contrary..." and he says that needs to be removed or changed

by Phil Tenser 7/30/2015 3:35:26 PM
Wasn't the whole "echolalia" issue brought up when the EMT bringing the gunman to Denver General asked him to repeat "you can't teach an old dog new tricks" and he kept it up ad infinitum?

by Keeter 7/30/2015 3:35:34 PM
The DT's last hope here is to deflect nearly all the blame for the multiple homicides to others. Anyone but poor little Jimmy. Getting the impression all along that this jury is too smart for that.

Soon we can add James to the list of death row inmates this county has put away. Arapahoe County has never had a problem sentencing murderers to death and I seriously doubt they will have issues here just because Jimmy can put on a good show for the shrinks.

by Mark 7/30/2015 3:35:46 PM
Very specific wording meant to sway the jury...IMHO

by Kathy Sahu 7/30/2015 3:35:46 PM
slap down nelson

by right 7/30/2015 3:35:54 PM
Judge disagrees on this one. Reads more of it aloud, and it turns out to be a paragraph about the defendant's childhood and school performance

by Phil Tenser 7/30/2015 3:36:01 PM
@Keeler your right and it was during the Nov incident not around the time of the massacre.

by Abrandt 7/30/2015 3:36:34 PM
One of the sheriff's is falling asleep.

by Nadine 7/30/2015 3:36:35 PM
I love it, Judge!!! "...Come on, Ms. Nelson-do we REALLY even need to argue that?" 'Finally!!!

by BluesB 7/30/2015 3:36:36 PM
Orman next asserts that "Unbeknownst to" is argumentative

by Phil Tenser 7/30/2015 3:36:50 PM
Ms. Nelson, though obviously highly intelligent and impressively knowledgeable drives me nuts every time she refers to a "senance" instead of "sentence" sorry.

by pcmamanim 7/30/2015 3:37:00 PM
Wow - the DT is trying to turn instructions into a supplement to their closing argument! I guess that's what you do when there are no mitigating factors to balance the aggravators to an incredibly horrific act by a sane horrible person who's already been convicted.

by Edy 7/30/2015 3:37:15 PM
Nelson replies that "I don't really understand why that's an argumentative word"

by Phil Tenser 7/30/2015 3:37:42 PM
Judge says it doesn't bother him. No change

by Phil Tenser 7/30/2015 3:37:51 PM
Poor Edwards is done. PT caught on and Orman took over....good call, PT.

by BluesB 7/30/2015 3:37:52 PM
Orman's next argument is "...this lack of motivation was another prodromal negative system..." and he says he doesn't remember it from testimony, says it is a reasonable inference that belongs in their arguments instead of the instruction

by Phil Tenser 7/30/2015 3:38:33 PM
Legal question: who goes first in closing? I have errands to run, but I definitely want to be back for Brauchler.

Which one is Edwards?

by Nadine 7/30/2015 3:38:42 PM
Nelson's job is to confuse the jury....period!

by Sally Mander 7/30/2015 3:38:44 PM
I was hoping Orman would have taken over on Monday!

by Kathy Sahu 7/30/2015 3:38:53 PM
Nelson cites Dr. Metzner, Gur, Reid, Woodcock in support of her version

by Phil Tenser 7/30/2015 3:39:14 PM
I don't understand why the prosecution should be able to demonize him as much as they possibly can, but the defense can't try an humanize him in any way. The prosecution got the convictions, they are relentless. Either way, DP or LWOP he is going to spend the rest of his life in prison.

by amjinoh 7/30/2015 3:39:22 PM
Anyone experiencing trouble with the feed today?

by Resa 7/30/2015 3:39:25 PM
@Resa: outgoing signal is normal, in the green

by Phil Tenser 7/30/2015 3:39:36 PM
Defense in first in this one

by right 7/30/2015 3:39:38 PM
@okx I could see if JH just one day went and killed people, but he spent to much time planning this yes there is something wrong with him,but I belief he knew exactly what he was doing so he needs to be punished for what he did. I don't think any mentally ill person would put music on, black out the face shield.

by Dkf 7/30/2015 3:40:25 PM
@JG, Im just saying for him to be legally sane, he had to know what he was doing was legally wrong, which he undoubtedly did, but thats not the same as being mentally ill, ie: where youre delusional and being pushed by those delusions to do things you wouldnt do.

by emma 7/30/2015 3:40:32 PM
and please dont think I dont have compassion for the victims, I know people that were at the theater and my daughter who was 17 at that time was going to go to that movie that but didnt at the last minute b/c one freind didnt have enough money

by emma 7/30/2015 3:41:17 PM
Nelson arguing that the guman's lack of motivation should be defined. Judge says he belives Dr. Gur mentioned it but asks them to check

by Phil Tenser 7/30/2015 3:41:48 PM
Orman's next objection is "even" is argumentative. Judge agrees with him

by Phil Tenser 7/30/2015 3:41:59 PM
I think Orman's doing a great job with the judge...

by BluesB 7/30/2015 3:42:12 PM
And why should the defense be allowed to show him as anything but the monster that he is.

by right 7/30/2015 3:42:14 PM
@right: I believe you are being sarcastic, but it literally is their job to show him in the best possible light in this phase.

by Phil Tenser 7/30/2015 3:42:52 PM
I meant being pushed by delusions to do what you wouldnt normally do

by emma 7/30/2015 3:42:53 PM
@amjinoh I agree. The course of comments has been this way since the beginning.

by Clancy 7/30/2015 3:42:58 PM
Right on, right.

by BluesB 7/30/2015 3:43:04 PM
Orman's next argument is again that an item of reasonable inference hasn't been testified to and shouldn't be included in the instruction

by Phil Tenser 7/30/2015 3:43:35 PM
Orman also argues that people "mistook" the gunman's characteristics

by Phil Tenser 7/30/2015 3:43:53 PM
Nelson argues that experts testified (Gur, Woodcock, Metzner) about his grad school time as a period when symptoms worsened

by Phil Tenser 7/30/2015 3:44:20 PM
I also thought it strange when Holmes mother went off about his future?!? What is that about? He is done!! Took away to many other futures to have even a thought about one!!!

by Sally Mander 7/30/2015 3:44:40 PM
Judge agrees with Nelson for the first, disagrees about the last sentence. That will be deleted

by Phil Tenser 7/30/2015 3:45:19 PM
This course of comments represent the demographic of all individuals interested/vested in this trial & its cause. It's not biased-Phil or Anica make certain of that. There's no conspiracy against certain bloggers.

by BluesB edited by Phil Tenser 7/30/2015 3:46:13 PM
Judge explains testimony does support the assertion that the research assistants recall the defendant as making effort to avoid social interaction.

by Phil Tenser 7/30/2015 3:46:16 PM
Nelson suggests a change to "Perceived"

by Phil Tenser 7/30/2015 3:46:28 PM
Judge says that is redundant to the previous sentence that says people missed the signs of mental illness

by Phil Tenser 7/30/2015 3:46:50 PM