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

Ha-Flip! It won't. He seems to be actually looking at jury a bit this a.m. ??

by BluesB 8/4/2015 4:23:20 PM
Instruction #5: In phase 3 the jury may see "victim impact evidence" relating to personal characteristics of the deceased and the impact of their deaths on the families

by Phil Tenser 8/4/2015 4:23:54 PM
did the judge ask jh if he will make a statement? I didnt get to watch all of the feed yesterday before today commenced

by JG 8/4/2015 4:23:57 PM
@markefc--You are right. (But I wonder why it took them so long).

by flip 8/4/2015 4:24:00 PM
@JG: Not yet, that may be the last step

by Phil Tenser 8/4/2015 4:24:08 PM
What is the general mood of the community regarding the appropriate penalty? Have there been any polls?

by trl2 8/4/2015 4:24:18 PM
@trl2: No polls, outside of these blogs, because only the jury's decision matters. What we feel cannot influence them

by Phil Tenser 8/4/2015 4:24:44 PM
JH has worn this shirt in court before he only has i believe about 4 or 5 different color's that he has routed thru out the whole time, he is in jail so i don't think he has the best wardrobe at this point...

by LG 8/4/2015 4:25:10 PM
Instruction #7: There will be more instructions at the end of the phase, so don't form judgements before that time

by Phil Tenser 8/4/2015 4:25:11 PM
@BluesB--Holmes will be looking into the abyss by the time this phase is over.

by flip 8/4/2015 4:25:46 PM
What is that buzzing noise?

by Suzanne 8/4/2015 4:25:47 PM
@Suzanne: interference in the courtroom.

by Phil Tenser 8/4/2015 4:26:04 PM
TM asks to present an opening statement, they're asked to approach the judge

by Phil Tenser 8/4/2015 4:26:48 PM
So far he's chosen not to speak. It'll be interesting to see if that changes. What is with the bug zapper feedback/sound? (I think it's my tv feed?)

by BluesB 8/4/2015 4:26:55 PM
The poll asked in this chat yesterday said about 80% for the DP (of the people that answered in this chat room)

by Jen 8/4/2015 4:26:57 PM
OK, thanks Phil

by Suzanne 8/4/2015 4:26:57 PM
2 minutes for openings

by Phil Tenser 8/4/2015 4:27:14 PM
Based on the instructions, I'm thinking they will not be unanimous.

by Resa 8/4/2015 4:27:24 PM
It sounds kind of like what I think a taser would!

by Suzi Lewis 8/4/2015 4:27:27 PM
- Quote
"After hundreds of witnesses to discuss the crime itself, mental health and guilt. after a week and dozens of witnesses to talk about him. You will now finally get to hear from a handful of people, with a handful of stories, with a handful of photos and videos to give you a glimpse as to who those people are in the photos. those he shot to death"

by Phil Tenser 8/4/2015 4:28:30 PM
DA says only appropriate sentence in this case is death

by Phil Tenser 8/4/2015 4:29:16 PM
- Quote
"Each of you individually must make that moral determination in your mind, in your heart, and square with your conscience as to the appropriate sentence for this young man"

by Phil Tenser 8/4/2015 4:29:54 PM
- Quote
"It is the kind of evidence that will take hold of you. It is ok to feel that grief and sadness. we will all feel it. but the law requires that you not be swayed by that emotion, that you not allow that emotion for the families to overwhelm your decision making process."

by Phil Tenser 8/4/2015 4:31:16 PM
Here we go---Judge doesnt like suprises!

by Tired 8/4/2015 4:31:28 PM
Nelson looks peeved but what else is new?

by Kristle 8/4/2015 4:31:28 PM
Higgs vs AC??

by Kristle 8/4/2015 4:31:29 PM
Is Marshall in the courtroom? Will he be giving some account of the gallery?

by trl2 8/4/2015 4:31:45 PM
@trl2: He's here in the office today

by Phil Tenser 8/4/2015 4:31:51 PM
by Phil Tenser 8/4/2015 4:32:06 PM
by Phil Tenser 8/4/2015 4:32:09 PM
- Quote
"It is a decision you'll have to live with for the rest of your lives"

by Phil Tenser 8/4/2015 4:32:26 PM
- Objection
Objection to opening going to long is sustained,

by Phil Tenser 8/4/2015 4:32:38 PM
- New Witness
First witness is Robert Wingo

by Phil Tenser 8/4/2015 4:33:05 PM
Flip-I hope not Garden State's "great abyss"-that one sounds cool. Any other abyss I'm fine with. Although he may see some head juggling down there...

by BluesB 8/4/2015 4:33:12 PM
2 minutes, that is short.

by Humble Pride 8/4/2015 4:33:29 PM
I think shooter is looking at the jury now!!!

by BluesB 8/4/2015 4:33:34 PM
I do like the way Mr Brauchlor waits for the ladies go. I love his manners. A dying curteousy these days. apologies for spelling mistakes

by Aly 8/4/2015 4:33:39 PM
Brauchler is my hero....He really hits you in the gut. for sure..

by Sandy Smith 8/4/2015 4:33:40 PM
"him" now, instead of "that guy"

by Tammy Garrison 8/4/2015 4:33:45 PM
"A handful"- Brauchler got it in that they can't offer much testimony...

by BluesB 8/4/2015 4:33:47 PM
AC points at him!! "That guy" being used as a point of the finger now!!

by Kristle 8/4/2015 4:33:48 PM
Robert Wingo was Rebecca Wingo's ex-husband for 8 years

by Phil Tenser 8/4/2015 4:34:02 PM
I'm glad he's letting them know it's going to be limited compared to what the defendant received.

by LoriJ 8/4/2015 4:34:07 PM
I think GB is overly optimistic, deliberation to start tomorrow?

by Humble Pride 8/4/2015 4:34:09 PM
She sounds like she's gonna cry.

by Tammy Garrison 8/4/2015 4:34:10 PM