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

There are consequences for 'unfortunate episodes' that result in a blood bath.

by Mark edited by Phil Tenser 7/30/2015 3:47:13 PM
@Sally Mander...I agree. I stated that yesterday and thought that comment was completely inappropriate.

by TammyC 7/30/2015 3:47:17 PM
Judge will delete a sentence, replace it with "individuals perceived... as characteristics that were not uncommon for scientists"

by Phil Tenser 7/30/2015 3:48:01 PM
it essentially says that people who knew the defendant missed the signs of his mental illness

by Phil Tenser 7/30/2015 3:48:17 PM
Orman next directs to paragraph 35

by Phil Tenser 7/30/2015 3:48:48 PM
Orman says sentences with "On one hand... on the other hand" are "pure argument" and should be deleted

by Phil Tenser 7/30/2015 3:49:12 PM
Nelson says she remembers doctors testifying about the ambivalence as a common patient reaction to treatment.

by Phil Tenser 7/30/2015 3:49:32 PM
Judge agrees with nelson

by Phil Tenser 7/30/2015 3:49:53 PM
Orman asks to add more, but judge tells him to move on

by Phil Tenser 7/30/2015 3:50:01 PM
Next paragraph

by Phil Tenser 7/30/2015 3:50:05 PM
@Dkf. I understand how you are thinking. But I bet that at least 1 juror would think the opposite ie no one could commit such a heinous crime and not be severely mentally disturbed. That, combined with all of his interactions with shrinks ( even if Fenton et al was part of his plan) will plant a seed of doubt for at least 1 juror. Just saying . . .

by Mr.D. 7/30/2015 3:50:10 PM
Higgs is being attacked by Brady's chair. LOL!!

by Kristle 7/30/2015 3:50:16 PM
That is a sweeping generalization that "all scientists are shy and awkward"

by mld 7/30/2015 3:50:18 PM
EVERYBODY missed everything...his dad and mom even testified that he was quiet and awkward like his dad. Besides, if I were a scientist I would take objection to ALL scientists being labeled in one group as though they have "odd" problems.

by Kathy Sahu 7/30/2015 3:50:22 PM
Yes I lost connection 3x, just refreshed often till it worked.

by Kristle 7/30/2015 3:50:24 PM
Judge wants to change paragraph to incorporate that it quotes Dr. Fenton about months of mental health decline

by Phil Tenser 7/30/2015 3:50:56 PM
AC's hair might just be getting whiter.... :S

by BluesB 7/30/2015 3:51:00 PM
Next is paragraph 39. Orman says it references a HIPPA violation, and he argues that isn't mitigation and that language "even though" is argumentative in that paragraph

by Phil Tenser 7/30/2015 3:51:47 PM
Judge cuts off Orman: "No, I ruled on that one. Let's move on."

by puglife 7/30/2015 3:51:48 PM
@okx I'm sorry you don't agree. Killing is not allowed in our land and those that do such an act have to pay the consequences for their actions by a jury of their peers!!

by LG edited by Phil Tenser 7/30/2015 3:52:09 PM
In my opinion, there is no way the mitigating factors outweigh the aggravating factors. I hope the jury views it the same way.

by Jennifer 7/30/2015 3:52:14 PM
Judge says he'll take out a section from the first line

by Phil Tenser 7/30/2015 3:52:29 PM
Just as he did for Orman, Judge tells Nelson to move on. HIPPA issue will be removed

by Phil Tenser 7/30/2015 3:52:51 PM
So they are sayingFenton didn't do enough and then call her on a Hippa violation. Wow.

by Marsha Laurienti 7/30/2015 3:52:56 PM
You and me and a whole bunch of others Jennifer.

by Kathy Sahu 7/30/2015 3:53:07 PM
Nelson rephrases, and both Orman and the Judge agree to the reformulation

by Phil Tenser 7/30/2015 3:53:25 PM
What do they mean by "argumentative" isn't a closing argument argumentative by definition?

by Humble Pride 7/30/2015 3:53:40 PM
@HumblePride: they're discussing here the instruction of theory of mitigation, which is not part of the arguments

by Phil Tenser 7/30/2015 3:53:58 PM
Judge is getting to the done state of this whole mess.

by Kathy Sahu 7/30/2015 3:54:02 PM
@Mr.D yes agreed it just takes one jury to see things different

by Dkf 7/30/2015 3:54:07 PM
Judge has had ENOUGH! 'Still respect him...perhaps even moreso.

by BluesB 7/30/2015 3:54:10 PM
Judge says he'll leave next mention of the parents the way it is

by Phil Tenser 7/30/2015 3:54:44 PM
Nelson suggests replacing "in violation of HIPPA" with "without Mr. Holmes permission." Orman agrees and it will be done that way

by Phil Tenser 7/30/2015 3:55:24 PM
Dr. Fenton went above and beyond the law to try to get the defendant help.

by Abrandt 7/30/2015 3:55:28 PM
@markefc_: Could you tell us a bit of what you know about the insanity defense in the UK? Realizing that there's no death penalty in the UK, is there much public debate about hospitalization as opposed to prison incarceration? What do British citizens in general feel about the death penalty in the US?

by Keeter 7/30/2015 3:55:32 PM
I have faith in this JURY! They know what Holmes did and what he took away! On to phase3 is my guess... and last meal picks!

by Sally Mander 7/30/2015 3:55:43 PM
Orman's next objection is paragraph 48. He says the last line includes "again exhibiting echolalia." He agrees there was testimony of it, but says the word "again" is improper

by Phil Tenser 7/30/2015 3:56:24 PM
I do hope it goes to phase 3 I think the families need a chance to say what they have to say to JH

by Dkf 7/30/2015 3:56:28 PM
Judge overruled previous objection. Nelson says she doesn't care and judge will remove the word "again"

by Phil Tenser 7/30/2015 3:56:45 PM
Surely Dr. Fenton is watching this trial, too?

by NeuroNonsense 7/30/2015 3:56:49 PM
Orman asks to move backwards... Judge frustrated. "I was thinking great, we're going to move through it great..."

by Phil Tenser 7/30/2015 3:57:15 PM
"I need to get an idea if we're going to keep moving back through this, let me know now"

by Phil Tenser 7/30/2015 3:57:28 PM
Judge Samour clearly frustrated. "At which point do we just move forward?"

by Phil Tenser 7/30/2015 3:57:47 PM
Judge offers to take a break

by Phil Tenser 7/30/2015 3:58:18 PM
But judge warns it gives both sides less time to work on their arguments. Orman takes a second to discuss with his team

by Phil Tenser 7/30/2015 3:58:35 PM