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

Can't show "child aged" pictures of the victims???? We saw plenty of little Jimmy pictures and video's......

by Victoria 8/4/2015 3:36:11 PM
Just tuned in, sounds like the DT is now objecting to pictures of the victims when they showed all kinds of Jimmy's pictures as a boy! Talk about one-sided!

by Marti 8/4/2015 3:36:14 PM
@Marti: the judge is ruling on objections from yesterday. Also important to note that he said the rules are just different here at this phase

by Phil Tenser 8/4/2015 3:36:38 PM
bet DT would like no pics shown of her.

by JG 8/4/2015 3:36:40 PM
I think it makes more sense to show what lives have been lost, even if it shows earlier photos

by kat 8/4/2015 3:36:43 PM
Judge repeats now that he is trying to protect the fairness by working to ensure the jury makes a reasoned moral judgement and not an emotional snap judgement

by Phil Tenser 8/4/2015 3:37:11 PM
@Kat because it appears Holmes still has his human rights but the victims no longer do

by markefc_ 8/4/2015 3:37:18 PM
@kat the judge said yesterday that Phase 2 and Phase 3 have different rules. I don't agree but that is the law. T-M brought it up several times yesterday.

by Steve 8/4/2015 3:37:21 PM
@kat -- almost anything can be presented in mitigation... not the same rules for this phase.

by mandi 8/4/2015 3:37:24 PM
This judge is so incredibly and impressively thorough. (*I still get reactive though, to note the limits on victim impact vs the looseness allowed in mitigation. Grrr...). The contrast is astounding. But he's following the law to a tee to hopefully protect from potential reason for appeal. 'Tough line to walk (*I think he himself called it a "tightrope ").

by BluesB 8/4/2015 3:37:32 PM
Hi all! Been on vacation about 3-4 weeks, been missing a lot.. finally almost totally caught up. Did not end up re-watching the days I missed but opted for clips etc., mostly thanks to 7News :) hope everybody is safe

by Eric S. 8/4/2015 3:37:37 PM
still...it doesn't seem fair

by kat 8/4/2015 3:38:08 PM
- Quote
"The people are not allowed to present such evidence that is so inflammatory that it will overcome the jurors and render the proceedings unfair"

by Phil Tenser 8/4/2015 3:39:52 PM
@Kat i couldnt agree with you more

by markefc_ 8/4/2015 3:39:53 PM
No, Kat-it ABSOLUTELY does not. Agreed!!!!

by BluesB 8/4/2015 3:39:54 PM
- Objection
Brady objecting to statements about the victim's plans for the future

by Phil Tenser 8/4/2015 3:40:08 PM
I agree with the comments about the volumes of childhood pics of the murderer. Remember, that's the only positive things the DT had to present

by CO newbie 8/4/2015 3:40:11 PM
can't be prejudicial to JH or verdict could be overturned on appeal

by mandi 8/4/2015 3:40:14 PM
Judge will have to review the citations provided by both sides in response to the last objection

by Phil Tenser 8/4/2015 3:40:45 PM
Judge says he'll take a break and consider

by Phil Tenser 8/4/2015 3:40:56 PM
TM asking for chance to make offer of proof regarding the 2nd testimonies for certain victims

by Phil Tenser 8/4/2015 3:41:32 PM
Also, TM says she is worried there wouldn't be enough witnesses here today, because others have to travel from out of state

by Phil Tenser 8/4/2015 3:41:51 PM
Yeah, this DT is cuckoo. 3 pictures is excessive? .... They have no credibility and are objecting to everything. Come on guys/girls...lets get on with the victims statements. :(

by AceGirl 8/4/2015 3:42:00 PM
Any new info on Barbara Cave?

by wp 8/4/2015 3:42:02 PM
@wp:
Transient who disrupted theater shooting trial charged for allegedly kneeing deputy in eye
7NEWSA transient who disrupted the theater shooting trial's penalty phase last week is also charged with assaulting a deputy.

by Phil Tenser 8/4/2015 3:42:15 PM
The mitigation for Jimmy was ridiculous. It's been commented on by lots of analysts. But I trust the judge.

by BluesB 8/4/2015 3:42:16 PM
they are objecting to victims plans for the future????? that is just wrong.

by kat 8/4/2015 3:42:17 PM
When DT objects to anything in this phase I get vomitous. Hope the jury feels the same way.

by BluesB 8/4/2015 3:42:18 PM
Yes, I like this judge

by AceGirl 8/4/2015 3:42:19 PM
They were taken down in their prime.....their future was taken away from them. I think it is admissible.

by kat 8/4/2015 3:42:26 PM
TM says she is requesting 16 total witnesses (That means we are missing one from our list built based on the objections yesterday)

by Phil Tenser 8/4/2015 3:43:13 PM
I don't understand if he has already been found guilty why is it still an issue of being unfair to his rights

by Coco 8/4/2015 3:43:26 PM
@Coco: Human rights are not lost because of a conviction.

by Phil Tenser 8/4/2015 3:44:14 PM
TM says she plans for Larimer's mother to testify about his life and his sister to testify about the siblings.

by Phil Tenser 8/4/2015 3:44:41 PM
For Ashley Moser would talk about her daughter's life. The grandfather would speak only about Veronica's kindergarten graduation

by Phil Tenser 8/4/2015 3:45:08 PM
Judge sure is interrupting Ms. TM today. ?? She couldn't even finish her argument...

by BluesB 8/4/2015 3:45:13 PM
Tom Sullivan will testify about his son's life. Widow will testify about their relationship

by Phil Tenser 8/4/2015 3:45:34 PM
Wingo's ex will talk about their children, her mother will talk about her life

by Phil Tenser 8/4/2015 3:45:48 PM
Those last notes were from TM's offer of proof regarding these witnesses

by Phil Tenser 8/4/2015 3:46:01 PM
Brady asserts that "the best practice would be to call one witness" for each victim

by Phil Tenser 8/4/2015 3:46:21 PM
Samour says that he is going to let TM proceed, given that he didn't tell her sooner, but he is reserving the right to stop her

by Phil Tenser 8/4/2015 3:46:53 PM
Judge reminds everyone he still needs to have a sentencing hearing on the other counts, any witnesses who don't testify now will be allowed to speak during that hearing

by Phil Tenser 8/4/2015 3:47:35 PM
Judge says "it'll take however long it takes" about that final sentencing hearing

by Phil Tenser 8/4/2015 3:48:09 PM
I understand it, but what about the victim's rights and the victim's families rights? Once again...Jimmy boy and his special treatment to the detriment to other individuals.

by Marsha Laurienti 8/4/2015 3:48:12 PM
Legal question: While the Judge is trying to follow rules previously established- isn't he also able to set precedence since this case is part of a limited group of examples of mass shootings?

by Mr.D. 8/4/2015 3:48:15 PM

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

Transient who disrupted theater shooting trial charged for allegedly kneeing deputy in eye