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

@Marsha - You plate is full! You go girl!

by Suzanne 8/4/2015 4:09:29 PM
Brown shirt day....

by Kristle 8/4/2015 4:10:11 PM
DA has joined us now

by Phil Tenser 8/4/2015 4:10:28 PM
For all of us who are so upset about DT objecting to victim testimony -just wait til they object in front of the jury. I think that's going to reeeeallly get under jury's skin, after what they had to sit through in mitigation. ...

by BluesB 8/4/2015 4:10:58 PM
@phil how could you possible get distracted ... your just hanging out we all know that... hehe ;)

by LG 8/4/2015 4:11:21 PM
@LG: It was really important to me to get the Wilwert correction made ASAP

by Phil Tenser 8/4/2015 4:11:59 PM
phil - completely forgivable man - i can't keep all the names straight somedays and i'm related to the case

by jacob wilwert 8/4/2015 4:13:08 PM
@jacobwilwert: I appreciate your kindness and the fact that you're joining us

by Phil Tenser 8/4/2015 4:13:35 PM
agree, BluesB---The DT sometimes seems so completely tone deaf they don't sense how their actions will affect the jury.

by flip 8/4/2015 4:13:49 PM
Kristle-look really closely when his chair turns. Doesn't it look like an actual jacket today? I think I see a lapel. ..!!?! Think he is trying to appear "respectful" to jury. 'Just my opinion. Can't see that well, but it looks bulkier...I think it's a jacket /blazer!?!

by BluesB 8/4/2015 4:14:04 PM
- Judge's Order
Judge rules that concrete future plans they've taken steps towards can be allowed

by Phil Tenser 8/4/2015 4:14:29 PM
If the victims childhood is irrelevant, then Jimmy's childhood should be too!

by Marti 8/4/2015 4:14:35 PM
- Judge's Order
Judge rules the survivors can't speculate or talk about what they wanted for the victims

by Phil Tenser 8/4/2015 4:15:03 PM
@Phil I was just kidding around we know you've got you hands full... :) Sorry if that didn't come across in my comment!!!

by LG 8/4/2015 4:15:05 PM
@LG: I knew you were joking, no worries there. But there were also some less-kind comments that I didn't allow and I wanted that fact to be clear

by Phil Tenser 8/4/2015 4:15:37 PM
it just looks like a brown button up shirt to me.

by Anne 8/4/2015 4:15:42 PM
Personally speaking i dont even think the PT need to bother calling anyone if they dont want to the jury know now what they are going to do Just think the DT had holmes mother on the stand longer than the jury deliberated over all that

by markefc_ 8/4/2015 4:15:45 PM
Judge says all of the jurors are in the courthouse and they're bringing them in now

by Phil Tenser 8/4/2015 4:15:56 PM
@Kels. Makes sense. Still don't like it tho!

by Just Thinkin 8/4/2015 4:15:58 PM
...you can't really see the difference until he starts to swivel (with jacket)...but I think we'll get lots of swiveling today.

by BluesB 8/4/2015 4:16:02 PM
Go GB!!!

by BluesB 8/4/2015 4:16:03 PM
@JustThinkin, me either buddy...

by Kels 8/4/2015 4:17:22 PM
The amount of homework required of the judge and attorneys is astronomical. Samour is focused and inclusive to provide a trial that will stand up.

by trl2 8/4/2015 4:17:26 PM
@blue I was thinking the same thing, a jacket

by emma 8/4/2015 4:17:29 PM
I think the relevance of showing Mr. Holmes' childhood was to demonstrate that he was "normal." The onset of the mental disorder came later in his life. This would have supported the mental defect.

by Lorettaostmann 8/4/2015 4:17:32 PM
Please be seated, the jury in the room

by Phil Tenser 8/4/2015 4:17:46 PM
I could be wrong about the shirt...earlier someone pointed out it looked like a jacket & I thought so too...but my eyes aren't super these days... ;)

by BluesB 8/4/2015 4:17:51 PM
Judge will start by reading the introductory instructions. I think there area 7 total

by Phil Tenser 8/4/2015 4:18:09 PM
Phil: ha ha!

by Tammy Garrison 8/4/2015 4:18:17 PM
I think it is a jacket as well.

by Suzi Lewis 8/4/2015 4:18:31 PM
"Mental defect" has been rejected by the jury.

by BluesB 8/4/2015 4:18:52 PM
- Quote
Instruction #1: "It now becomes your duty to determine the appropriate punishment or sentence"

by Phil Tenser 8/4/2015 4:19:17 PM
@Loretta--I agree with you as to relevance; however, the content that the DT used in mitigation was a very transparent, but misguided, attempt to tug at the jurors' heart-strings.

by flip 8/4/2015 4:20:31 PM
- Quote
"Each of you must make an individual reasoned moral judgement."

by Phil Tenser 8/4/2015 4:20:50 PM
- Quote
"each juror may consider mercy and sympathy for the defendant, but mercy and sympathy must be based on the evidence"

by Phil Tenser 8/4/2015 4:21:11 PM
Mental defect has not been rejected. It was weighed.

by trl2 8/4/2015 4:21:35 PM
Thanks Suzi- ha ha I'm not disagreeing with anyone. Just interested in every potential detail of DT 'strategy'.

by BluesB 8/4/2015 4:21:37 PM
- Quote
"No juror may make a decision for the death penalty unless the juror is convinced beyond a reasonable doubt that death is the appropriate sentence"

by Phil Tenser 8/4/2015 4:21:38 PM
@markefc_
The jury can only go off the facts that are presented to them... they are not given the access to the other stuff we all have seen here... and honestly in the end facts are facts the Shooter, JH, the Defendant did this horrible act and he needs to take responsibility for his actions maybe they be.... The DT was given their right to prove it different but in the end it didn't happen... there's nothing you can say or do will change the decision the jury has chosen...

by LG 8/4/2015 4:21:44 PM
Flip-'well put.

by BluesB 8/4/2015 4:21:45 PM
He's wearing a tucked-in, brown, long-sleeved, button-down shirt. Not that it will help him any....

by flip 8/4/2015 4:21:47 PM
Instruction 3 is that defense may present evidence, but not required to do so

by Phil Tenser 8/4/2015 4:22:14 PM
@flip yes it was but it failed as took jury approx 90 mins to see through it all

by markefc_ 8/4/2015 4:22:23 PM
ok this makes no sense, how is the jury suppose to have "mercy or sympathy" if in this phase all they are hearing is the victims family, DUH they are going to have sympathy for the victims only

by Anne 8/4/2015 4:22:59 PM
Phil you would make a great parrot

by blue beird 8/4/2015 4:23:14 PM