Theater shooting trial day 61: Start of 'Phase 3'

Day 61 in the Aurora movie theater shooting trial – People vs. James Eagan Holmes. Today, prosecutors will call family members of the 12 victims who were killed.Jurors have already confirmed they found aggravating factors in the mass shooting for which they convicted the gunman. They also confirmed that any mitigating factors that might exist do not outweigh the aggravating factors. This round of testimony is the third and final phase before jurors decide on 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. 7NEWS and TheDenverChannel.com will have gavel to gavel coverage of the trial starting at 8:30a.m. (MST) everyday and ending around 5:30 p.m. (MST) Watch new live video on our YouTube channel: http://www.youtube.com/user/7NewsDenver/live Additional resources:LIVE VIDEO & BLOG: http://bit.ly/theatertrialTIMELINE of the case: http://bit.ly/theatertimelineJURY PROFILE: http://bit.ly/theaterjury CONTINUING COVERAGE: http://bit.ly/theatercoverage

3rd & 7 37yd

Judge cites law for "significant other" and the foundation he'll require to have that testimony admitted

by Phil Tenser 8/4/2015 3:12:44 PM
Tammy , Steve G-they discussed it yesterday after the jury left- there will be lots of objections from the defense... let's just put it that way. Personally I think it will annoy the jury- it sounds like Ms Brady is ready to object a lot, based on what the judge did or did not allow from her yesterday... he told her she was allowed to object- (she didn't agree witb some of his rulings) so I expect expect a lot of objections. If you look at the testimony or records from yesterday-there's a lot of limitations on this phase, as well. :/ The judge have to be careful of emotional nature of this phase, so it doesn't get to the jury so their decisions are not all emotion-based. It didn't make much sense to me, but Phil explained it well. Ms. Higgs was BRUTAL in terms of objections to what could be presented, especially considering The Jimmy Show. 'Gag.

by BluesB 8/4/2015 3:13:28 PM
Do you think that Brady has ever been recommended to get speech therapy. She may be very intelligent, but she simply cannot deliver in a speech. Seriously. Just wondering.

by Nadine 8/4/2015 3:13:30 PM
I will be listening on my phone, away from the chat, most of the day. Take care everyone, will be back this afternoon.

by MyraJ 8/4/2015 3:13:35 PM
Judge says that hearsay will be allowed in certain circumstances, like how families found out their loves ones were murdered

by Phil Tenser 8/4/2015 3:14:15 PM
@victoria I think it's just a brown shirt

by Della (Me) 8/4/2015 3:14:18 PM
I'm going to be out and about today - is there any way I can listen to this on my car radio?

by Nadine 8/4/2015 3:14:20 PM
@Nadine: Can you plug your phone into your car? That's my best suggestion

by Phil Tenser 8/4/2015 3:14:32 PM
Victoria- noticed that too. ??? Weird. Is he showing "respect" today?

by BluesB 8/4/2015 3:14:34 PM
Looks like a suit with a lapel??

by BluesB 8/4/2015 3:15:12 PM
Judge says "there appears to be a split of authority" on the issue of allowing photos of headstones/gravesites for victims

by Phil Tenser 8/4/2015 3:15:37 PM
Phil, I did that. Watched the verdict all the way home for an hour through rush hour traffic. It was kind of surreal.

by Tammy Garrison 8/4/2015 3:15:58 PM
@Nadine, someone indicated that Brady said she had spasmodic dystonia. IF that is true she may have been recommended for speech therapy but it's likely she also was recommended medical treatment that may or may not be successful.

by Mr.D. 8/4/2015 3:16:39 PM
@Nadine There's nothing wrong with the way she speaks. I don't think that's very nice. =/

by Me 8/4/2015 3:17:44 PM
Yeah, Blues, I meant the other way around. Will the defense have as many limitations on their pleas for mercy as the prosecution does on impact statements?

by Tammy Garrison 8/4/2015 3:17:53 PM
Judge quoting law that the state has a legitimate interest in reminding the jury that both the victims and the killer are individuals

by Phil Tenser 8/4/2015 3:18:34 PM
Nadine- I understand what you mean - my friend's mom had the same speech thing...I think it's part physical, part psychological. I give her credit for overcoming it enough to work in this type of arena though. From the little I understand about it, it's tough to overcome. I bet she's did a lot of speech therapy. Tammy G-aren't you a speech therapist? Am I remembering correctly?

by BluesB 8/4/2015 3:20:18 PM
Wow! One tiny win for the defense...no pics of headstones.

by amjinoh 8/4/2015 3:24:03 PM
- Judge's Order
Judge rules no photos of headstones or caskets. Says there is little probative value because everyone knows the victims are deceased

by Phil Tenser 8/4/2015 3:24:33 PM
I just know if Higgs does the objections, the jury will remember her 100% opposite demeanor (giggling, 5000 photos) with The Jimmy Show. I think it will bother them. They're a sharp bunch.

by BluesB 8/4/2015 3:24:41 PM
Yes, I'm a speech therapist. It doesn't really sound like that to me. Individuals with spasmodic dystonia get botox injections and then they sound the same as you and I, until the injections begin to wear off. I think they have to get them every 6 months, directly into the vocal cords.

by Tammy Garrison 8/4/2015 3:24:50 PM
Oh, Tammy-great question. They didn't really go over that last night from what I saw. Maybe Phil can clear it up for us?

by BluesB 8/4/2015 3:24:55 PM
- Judge's Order
Judge says he isn't concerned about the objections to the Alex Teves pictures. Objections are overruled

by Phil Tenser 8/4/2015 3:25:25 PM
Just got the 7News App. Nice!

by Tired 8/4/2015 3:25:26 PM
Morning all, just joining in. Is it just me or does the judge sound very somber today?

by Just Thinkin 8/4/2015 3:25:30 PM
@BluesB: I can't provide answers to questions the court hasn't answered yet. (I wish I could)

by Phil Tenser 8/4/2015 3:26:08 PM
Thank you, Tammy. There wasn't botox available when my friend's mom suffered from it. Hope it helps her now. :)

by BluesB 8/4/2015 3:26:20 PM
- Judge's Order
Judge rules that photo will be allowed because it shows AJ Boik with his brother

by Phil Tenser 8/4/2015 3:27:37 PM
@just thinkin. I think its going to be a very sombre day

by Aly 8/4/2015 3:28:13 PM
@me. Her voice is irritating and if she could do anything to alleviate that, it would be great. I'm just saying she's not an effective speaker. Craig Silverman has the same effect - he's just plain annoying to listen to.

by Nadine edited by Phil Tenser 8/4/2015 3:28:33 PM
Good morning! @just thinkin- yes he sounds more somber. I'm thinkin he wants to seriously get these issues settled, move on quickly and not hold the jury up

by CO newbie edited by Phil Tenser 8/4/2015 3:28:43 PM
- Judge's Order
About Ghawi photos, Judge Samour says the cumulative objection is overruled

by Phil Tenser 8/4/2015 3:28:52 PM
We expect victim's impact to take 2-3 days. Do we know how long the DT plea for mercy is estimated to take?- was a time limitation put on DT's presentation?

by Mr.D. 8/4/2015 3:29:44 PM
- Judge's Order
Judge says the photos of John Blunk are not cumulative. Objection overruled for all photos but the gravesite photo

by Phil Tenser 8/4/2015 3:29:52 PM
@Mr.D.: We don't know if they will present any evidence or call witnesses. It may only be the closing argument

by Phil Tenser 8/4/2015 3:30:43 PM
Thanks Phil - (*just saw your comment now).

by BluesB 8/4/2015 3:30:45 PM
I heard 40 minutes for each side and then 20 minutes for rebuttal.

by Tired 8/4/2015 3:30:55 PM
- Judge's Order
Again, judge allows batch of photos will be allowed

by Phil Tenser 8/4/2015 3:31:26 PM
Judge says Gordon Cowden photos will be permitted, based on previous ruling

by Phil Tenser 8/4/2015 3:31:50 PM
- Judge's Order
For Jesse Childress, Judge will allow photos from his military career

by Phil Tenser 8/4/2015 3:32:58 PM
Going to be rough to hear, have tissues ready. He is walking a fine line of victims rights and not causing anything for appeals

by Just Thinkin 8/4/2015 3:33:10 PM
I have a feeling that Orman will fire up when it's time to limit what can be presented in DT phase of pleading for LWOP vs DP.

by BluesB 8/4/2015 3:33:10 PM
I don't understand why you can't show childhood pictures when the Defense did that with pictures of JH

by kat 8/4/2015 3:34:21 PM
5 years is a lot different than 18 months.

by amjinoh 8/4/2015 3:34:39 PM
- Judge's Order
With respect to Veronica Moser Sullivan, Judge overrules, says they don't believe the photos are cumulative

by Phil Tenser 8/4/2015 3:34:49 PM