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 some really long comments waiting, since I have to wait for a chance to read them, please be patient)

by Phil Tenser 7/30/2015 3:59:31 PM
Judge, based on record, denies objection to paragraph 46

by Phil Tenser 7/30/2015 3:59:59 PM
Judge says "I don't mind if you chat, but what i need is to have one voice per side"

by Phil Tenser 7/30/2015 4:00:09 PM
"You've got six lawyers on your side, so I can understand, but I need one voice"

by Phil Tenser 7/30/2015 4:00:20 PM
Orman says he doesn't need a break to get organized. Says he has only 1 more request for this instruction

by Phil Tenser 7/30/2015 4:00:38 PM
I hope so much that you are right Sally. I have faith in the jury too, but I am nervous that someone may find pity on JH's family.

by Kathy Sahu 7/30/2015 4:00:44 PM
Nelson-I don't really care....she's acting very childish.

by Marsha Laurienti 7/30/2015 4:00:50 PM
I just can not get over HOW DIFFERENT
shooter is in a full courtroom. Like night & day! l'm astonished that it's become so obvious!

by BluesB 7/30/2015 4:00:56 PM
LOL Judge

by Goliath_Fish 7/30/2015 4:00:57 PM
Dr. Fenton only called his mother to find out if he had a history of violence so that she could make a determination whether to call the police and request that he be held.

by mld 7/30/2015 4:01:00 PM
Oooohhheeeee judge, get some coffee buddy, but well done.

by Kels 7/30/2015 4:01:07 PM
I am such a phantasticphilphan!! :)

by Sally Mander 7/30/2015 4:01:09 PM
I love the judge!

by Marsha Laurienti 7/30/2015 4:01:09 PM
Nelson's enjoying seeing the Judge upset at Orman.

by Kristle 7/30/2015 4:01:10 PM
@Phil... thanks sorry for previous comment... I was a little hot under the collar... I had a drink of water I'm better now I promise!! :)

by LG 7/30/2015 4:01:13 PM
Yeah Judge!

by Edy 7/30/2015 4:01:15 PM
Thank you, Judge Semour!

by Keeter 7/30/2015 4:01:15 PM
judge seems upset today

by right 7/30/2015 4:01:16 PM
What the judge is saying is exactly what most of us seemed to feel yesterday. "How many times do we chew the same bite?"

by Suzi Lewis 7/30/2015 4:01:18 PM
Nelson was glaring at Orman through that speech...

by BluesB 7/30/2015 4:01:22 PM
I think the judge wants to go smoke a ciggarette.....

by Tired 7/30/2015 4:01:23 PM
Bad day for everyone all around!!

by FMM 7/30/2015 4:01:24 PM
Anyone ever see a judge throw his mallet? Might be a first this morning. Thor-style.

by puglife 7/30/2015 4:01:27 PM
No not novel day again... lol

by LG 7/30/2015 4:01:29 PM
Whoa - Samour is not a happy camper today. I think it was that overkill testimony yesterday - just way over the top.

by Nadine 7/30/2015 4:01:32 PM
I appreciate the fact that Judge Samour is all business. IMO text book as to how judges should conduct a CR.

by Resa 7/30/2015 4:01:35 PM
The judge is in a rare mood this morning, it seems to me that he is venting some of the frustration that he accumulated during the trial.

by Humble Pride 7/30/2015 4:01:37 PM
@SallyMander - execution would be at LEAST 25 years from now. Not really justice, in my opinion.

by Nadine 7/30/2015 4:01:39 PM
Once again, I am struck by the possibility that JH is NOT as mentally ill as he or his team want us to believe. I have fought against that because anyone who lives with this in their or their family or loved one's lives would not want this is any way, shape or form. However, as I have said before, there is no concrete way to prove or disprove this. If JH was willing to throw his life away by committing this senseless crime, why would he not also be able to research and convince the psychiatrists, therapists, etc that he had the "broken brain." It has struck me from the beginning that much of the fanciful belief of this person reads like a poor video game (One death =one point for the killer). Before anyone gets upset and wants to attack, yes, I do have experience with schizophrenia in my family. My uncle suffered from it for years and the last time it exacerbated, he turned in front of another car and killed himself rather than be institutionalized once again. Please tell me that none of you have at least a little ambivalence regarding this mental illness. That the fact that, as has been commented on frequently, JH seems to be able to control his behaviors. I know my uncle, no matter how medicated, would have been able to hold it together for this entire trial without some sign of the issues. And my final problem is the fact that this trial is going to make it that much more difficult for someone who legitimately needs NGBRI to be able to access that. Just my thoughts.

by Suzi Lewis 7/30/2015 4:01:51 PM
Phil, sorry that's so long!

by Suzi Lewis 7/30/2015 4:01:52 PM
Judge says he does believe it is appropriate to explain to the jury that this instruction is a "theory of mitigation"

by Phil Tenser 7/30/2015 4:02:09 PM
Judge points out that the jury asked a question about the "theory of defense" after the guilt phase of the trial

by Phil Tenser 7/30/2015 4:02:37 PM
Phil, hope you can help. Installed Windows 10 yesterday & now have lousy video. It was fine with Windows 7. Movement of people will cause blurriness, some jumping or stalling. I am up-to-date with Java, have gone thru the settings. Any suggestions?

by Sandy 7/30/2015 4:02:40 PM
@Sandy: The streamer goes through YouTube, which uses either Flash or HTML5 in my experience. Try a new browser or flash update perhaps? Updated Chrome has both. Safari works well for me as my primary

by Phil Tenser 7/30/2015 4:03:16 PM
@LG lol

by okx 7/30/2015 4:03:19 PM
Judge says "The jury has to know, this is what the defense is presenting to them and they have to consider it"

by Phil Tenser 7/30/2015 4:03:36 PM
Judge says "My job is to make sur they understand what mitigation is, the definition of it, and they have to understand all of these facts and circumstances"

by Phil Tenser 7/30/2015 4:03:57 PM
@Nadine, agreed.

by Kels 7/30/2015 4:04:08 PM
@Sandy On win 10 here and everything is fine was using IE yesterday on win 10 and chrome today both no problems

by markefc_ 7/30/2015 4:04:10 PM
I am amazed how quickly the judge settles down after an outburst, I wish I was able to do that.

by Humble Pride 7/30/2015 4:04:15 PM
Orman is done with his objections

by Phil Tenser 7/30/2015 4:05:20 PM
Nelson's turn

by Phil Tenser 7/30/2015 4:05:29 PM
Judge says he has a question mark on paragraph 26 and 44

by Phil Tenser 7/30/2015 4:05:35 PM
Nelson says she made need a break to answer those questions

by Phil Tenser 7/30/2015 4:05:43 PM
What happened to Ms. Brady?? I have had to refresh 3x and once to unfreeze the comments. She's been gone awhile, fair to say??

by Kristle 7/30/2015 4:05:56 PM