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

@trl2: Good question. There typically in Colorado is some time made for statements before a sentence is officially handed down, but those cases don't go through this process. So I am not sure and will have to inquire with an expert

by Phil Tenser 7/30/2015 4:22:14 PM
The jury isn't present. No, the judge has never lost his cool in front of the jury. I think the Judge has been tired and irritated in front f them but nothing like the smack down he gave Orman this morning.

by Kristle 7/30/2015 4:23:09 PM
Suzi-this is lengthy, but please bear w/me-I want to sensitively respond to & empathize with your views. I agree about the problems this raises w/ understanding of mental health issues & w/ NGBRI cases. I also have great familiarity w/ schizophrenia & other mental illness. But IMO it's undeniable that he's manipulated all those near him-even those trying to help him, like Dr. Reid. Everyone who murders could claim that
they're "not right in the brain" b/c they murdered, but that is simply not true. That's why we have a justice system. Killing 12, in the manner he did, is even worse- IMO, it's honestly why we have the death penalty. The mental illness argument is tough, however I just don't believe the shooter fits it. He DID "CHOOSE" it, contrary to what AH said yesterday. He researched it! One cannot plan mental illness episodes, nor plan dates of a delusion."Delusional" means you are delusional, & are not in touch with reality, therefore cannot shop for various types of ammunition, study homemade napalm to injure officers responding to a disturbance, nor research mental illness laws. It just doesn't compute. I respect your opinion; I empathize with your familiarity with mental illness. I can relate- it is a painful issue. The true insanity cases CAN be affected by this one, which is very risky, I agree with you. But I believe the shooter is absolutely sane. I believe he actually helped the PT prove it. Remember, in CO, unusually, burden of proof is on PT to prove sanity. That is TOUGH, per your point. I think they proved sanity.

by BluesB 7/30/2015 4:23:33 PM
@Resa: double

by FMM 7/30/2015 4:23:35 PM
What does everyone think of JH's dad?

by Kristle 7/30/2015 4:23:37 PM
@Resa- he may be! As I said previously, the Jury will never see his non-subdued behavior.

by Mr.D. 7/30/2015 4:24:08 PM
Jennifer, that is basically where I am at. I don't really agree with the death penalty, but in this case, I think it is warranted. And Suzi, I thought the same thing. Marshall was saying yesterday that the testimony of "what he went through" to support the mitigating factors, but he didn't really go through anything. He was fine until Gargi dumped him and I would argue that part of dropping out of school was his fixation on her/and Hilary.

by Tammy Garrison 7/30/2015 4:27:55 PM
How are judges assigned cases in Colorado, is it a roster or is there some kind of deliberation before a case is assigned?

by Humble Pride 7/30/2015 4:27:59 PM
@okx...actually, you have it backwards...37 states permit capital punishment, 13 states and DC do not...thus, much of the US allows the DP.

by PA Watcher 7/30/2015 4:28:02 PM
@ Bluesb--that is exactly what I am saying. Did you get the idea I don't believe he is gaming the system?

by Suzi Lewis 7/30/2015 4:28:05 PM
The DP is not a part world culture. Only uncivilized and barbaric ones. CO and all the southern states have chosen this because there is not a national law to protect and respect life from tragedy and have the defendant have a chance at redemption. Aside from that it is against all morality of the world to bring harm to a severely mentally ill human being. Know I have said before, but I am offended that a blogger would say alll of the people in the US kills by sanctioned law.

by okx 7/30/2015 4:28:12 PM
Suzi-I was referring to your statement about being torn about shooter's mental illness. Not your very last one re: AH. Sorry if that was confusing.

by BluesB 7/30/2015 4:28:17 PM
@Kristle I believe Robert Holmes has the right to take the stand and ask the court to not kill his son.

by Me (CaliMiSFit@yahoo.com) 7/30/2015 4:28:20 PM
From what I understand, normally the DA does not try cases I am not a fan of either side The DT messed up yesterday w the mom Kept her on the stand way to long I think the prosecution would of been better off w/o George Brachler Why would a DA tweet during any trial but especially this one Or roll his eyes Seems a little immature

by treekan 7/30/2015 4:28:27 PM
The family is quite disconnected and out of touch emotionally with one another.....unfortunately not uncommon, but not everyone who comes from this type of family commits murder. The "elephant in the room" syndrome!

by mld 7/30/2015 4:28:30 PM
Resa: that was supposed to say "double like" :)

by FMM 7/30/2015 4:28:34 PM
Resa-'ABSOLUTELY!

by BluesB 7/30/2015 4:28:35 PM
Good parents

by okx 7/30/2015 4:28:36 PM
Have to share a kudo. Silly, I know, but since I don't live in your community, but, I never thought to see if any of the other local stations were also carrying the trial. Today, out of curiosity, I checked around, and appears you all are the ONLY station offering commentary during the breaks, explaining what is going on, etc. The others appear to have simply turned the raw video on, and left the breaks showing the Colorado Court seal. Must say THANK YOU to you and your team. Very sad to learn in this way, but I've never watched a full court case before, and this one really intrigued me because we had been at the midnight showing of Batman in our community, only to come home and find this had occurred. So glad I landed on your footage first when I went seeking this trial stream. I certainly got a LOT more than a stream! I've learned so much about what goes on in a court proceeding, and the commentary from the experts have been very enlightening. THANK YOU. A (funny-ish) footnote. There is a case that just wrapped up in GA (high profile locally) and between the very heavy accent of the judge (I am born & raised in GA and DO NOT speak that way) - and the defendant that represented himself (ACK!) I just could NOT stand to watch it after watching the way a very professional court proceeding is conducted, such as Judge Samour's court!

by Tami in Ga 7/30/2015 4:28:50 PM
@Kristie-- I think JHs dad shys away from his family when it comes to conflict. I think he puts his head under the sand when something is wrong.

by Tired 7/30/2015 4:28:58 PM
Has anyone ever taken the Meyers-Briggs test?

by Kristle 7/30/2015 4:28:59 PM
I think Jimmy's Dad is a lot like his son. A beautiful, yet largely misunderstood man.

by okx 7/30/2015 4:30:34 PM
@TRL2 Yes. I do recall the judge making a distinction between impact statements in front of himself and the jury.

by LoriJ 7/30/2015 4:30:36 PM
@Kristle...typical left-brain dominant analytical man and obviously has a high intelligence. He can still access emotions, but married a nurse which filled a gap. As a nurse...I was always amazed at the number of my colleges were married to analytical people (math, engineering).

by trl2 7/30/2015 4:30:38 PM
Suzi-this thread can be confusing to keep up with b/c of all the (understandably) different comments, but yes, I think (?) we're on the same page. :) !

by BluesB 7/30/2015 4:30:42 PM
We are currently replaying some of Robert Holmes' testimony, while we wait for the judge to return

by Phil Tenser 7/30/2015 4:31:23 PM
Why does it feel like the defense can say anything and make it evidence whereas the prosecution's argument is based more in fact and forensics?

by Tammy Garrison 7/30/2015 4:31:29 PM
@okx...I stand corrected...31 states and the US goverment and US military have the DP...19 states do not...

www.deathpenaltyinfo.org

by PA Watcher 7/30/2015 4:31:36 PM
I'm glad we have the DP!

by Joseph 7/30/2015 4:31:37 PM
@Kristie - taken and administered the MBTI

by Edy 7/30/2015 4:31:38 PM
Kristie, yes.

by Tammy Garrison 7/30/2015 4:31:42 PM
At this point still no signal from the courtroom camera. We'll keep with the replay for a while longer

by Phil Tenser 7/30/2015 4:31:55 PM
Im so incredibly impressed with George Brauchler. Again, he is the voice of the victims...

by BluesB 7/30/2015 4:32:54 PM
I can't remember all my letters, though. I & J. What were the other options. If you tell me, I can recall.

by Tammy Garrison 7/30/2015 4:33:21 PM
Blues, me too.

by Tammy Garrison 7/30/2015 4:33:31 PM
@Kristie Yes I taken the test

by treekan 7/30/2015 4:33:32 PM
IMO going out with Hilary was a smoke screen for his parents to show he was doing alright after the breakup with his first girlfriend. He didn't want his parents to worry or show up at his place and see his arsenal so on the July 4 long winded phone call he wanted them to get a sense he was fine because he went hiking with Hilary.

by Kristle 7/30/2015 4:33:52 PM
People who are at the top of their field in the sciences, are not generally very social. That is true for most very intelligent people overall. they are busy and a large number also do not have children or marry Of course, some fields are different and rely on small talk

by okx 7/30/2015 4:34:23 PM
As I recall most cultures (countries) are or have been barbaric in some way or another not just the states!!!

by Joey 7/30/2015 4:34:48 PM
@BluesB...agree is acting in a skilled manner as a victim advocate. That said...I would find him arrogant if I was a juror.

by trl2 7/30/2015 4:35:09 PM
scientists and mathematicians are usually a different breed

by kat 7/30/2015 4:35:26 PM
ISTJ, I think.

by Tammy Garrison 7/30/2015 4:35:40 PM
ISTP Briggs Myers 16 personality types
ISFP
ISTJ
ISFJ
ESTP
ESFP
ESTJ
ESFJ
INTP
INFP
INTJ
INFJ
ENTP
ENFP
ENTJ
ENFJ

by treekan 7/30/2015 4:35:59 PM
Who said yesterday that Brauchler had pictures of the victims all over his living room. ..? Something about his wife saying he never slept..? Tammy-was that you? I can't remember, but it really struck me (*but I just don't remember who wrote it). :/ It seems like Brauchler's emotional investment for the victims and their families is beyond vigilant, responsible and noble!

by BluesB 7/30/2015 4:37:14 PM
I'm ISFJ!

by Kels 7/30/2015 4:37:14 PM