Theater shooting trial day 63: Phase 3 closing arguments

Jurors will come face to face with the ultimate question in the Aurora movie theater shooting trial: Should James Holmes be put to death by lethal injection?

3rd & 7 37yd

@Victoria- it can only be surmised that they were separated. Either way, he was loved and will be missed.

by TLR 8/6/2015 3:12:25 PM
Judge also making a note about the verdict forms discussion

by Phil Tenser 8/6/2015 3:12:37 PM
Judge will use "inflicting" instead of "enforcing"

by Phil Tenser 8/6/2015 3:19:40 PM
Wasn't there discussion about whether or not to let her testify because it was her ex-husband? That would make sense.

by Tammy Garrison 8/6/2015 3:19:46 PM
Judge S is so thorough. Watches every detail...does his own case law research. I don't know when he does anything else but think of this trial. He's flabbergasting.

by BluesB 8/6/2015 3:19:48 PM
The Supreme Court amendments provide that a defendant has waived his right to be present at the trial of a capital or noncapital case in two circumstances: (1) when he voluntarily absents himself after the trial has begun; and (2) where he “engages in conduct which is such as to justify his being excluded from the courtroom.”

by Humble Pride 8/6/2015 3:20:06 PM
I hope he doesn't change anything that reinforces Higgs flying across the desk last night. She was nuts and disrespectful to judge...

by BluesB 8/6/2015 3:20:08 PM
Brauchler just looked right at the camera and sighed big time. Huh!?.

by BluesB 8/6/2015 3:20:09 PM
Good Morning fellow trial watchers

by Tia 8/6/2015 3:20:32 PM
Thank You, has anyone seen him as he comes in? Are is parents already in the court room?

by friend jammer cjamminfriend 8/6/2015 3:20:33 PM
@friendjammercjamminfriend: The court camera doesn't move. We can't see the gallery

by Phil Tenser 8/6/2015 3:20:49 PM
JH looks tired today and depressed

by Tara 8/6/2015 3:25:48 PM
JH hand on face again when jury not in. Shooter is bored or...? Something.

by BluesB 8/6/2015 3:25:50 PM
Is there a max number of years he'll be in prison before execution (if death is the decision)?

by hey 8/6/2015 3:25:53 PM
@hey: No max, because of appeals. Law says the death warrant must be for a week up to 121 days after the final appeal is over

by Phil Tenser 8/6/2015 3:26:28 PM
@BluesB what!? now i'm going to have to go back and watch, i turned it off cuz it was late and i was tired and bored and didn't think anything interesting was going to happen!

by Della (Me) 8/6/2015 3:26:30 PM
"Inflicting" is more specific than "enforcing" and would favor life without possibility of parole, in my opinion.

by Chipper 8/6/2015 3:26:33 PM
Has JH ever assumed the posture we see just saw -head on hand?? Bored, sad, depressed, sleepy?? Maybe I've missed it, but if I heard language about lethal injection I think I'd be more engaged.

by Mr.D. 8/6/2015 3:26:40 PM
I find Judge Samour's voice comforting. I'm going to miss him (and all in the chatroom) when this is over (although I will be relieved when this is over).

by MyraJ 8/6/2015 3:26:45 PM
@ Blues what did Higgs do???? I missed it

by emma 8/6/2015 3:26:46 PM
Orman has no objections to make about the changes to this draft

by Phil Tenser 8/6/2015 3:27:05 PM
Nelson says she has a few for the defense

by Phil Tenser 8/6/2015 3:27:11 PM
Judge believes Nelson's latest suggestion makes things more confusing

by Phil Tenser 8/6/2015 3:28:53 PM
Thinking about JH sitting there listening to discussion on his fate of life or death, it just seems so bizarre.

by MyraJ 8/6/2015 3:28:55 PM
Personally I don't think this will change the jury's opinion or actions a bit. More for appeals possibilities. They get it. They'll consider what they saw durjng testimony. They've been really united and precise thus far...I have total faith in them. This is more for the defense and its 8, 790 objections to each set of jury instructions.

by BluesB 8/6/2015 3:29:00 PM
If JH offered to make a stance for more gun control because even the mentally ill have easy access to purchasing guns, that would have been a mitigation factor. Why didn't the defense come up with that?

by Chipper 8/6/2015 3:29:08 PM
thanks Phil

by hey 8/6/2015 3:29:09 PM
I have a gut feeling that he will get the DP

by tjq 8/6/2015 3:29:12 PM
Mr D Ive seen him prop his head on his hand a few times, usually during instruction discussions. I think he gets sleepy

by emma 8/6/2015 3:29:13 PM
deny it!

by Michelle Bell 8/6/2015 3:29:14 PM
Nelson next points us to the victim impact instruction

by Phil Tenser 8/6/2015 3:31:53 PM
I want to give Orman a hug. "Impeccable"...good word, bud!

by Kels 8/6/2015 3:31:57 PM
Emma-'No real biggie, but Flip, Sophia and others were joking last night because when Nelson wasn't getting many of the changes she wanted, Higgs grabbed the mic, leaned 1/2 way over the desk, upped her voice pitch by 3-4 octaves, & really firmly interjected "at" the judge.

by BluesB 8/6/2015 3:32:06 PM
@Mira I know... and JH looks depressed today imo

by Tia 8/6/2015 3:32:08 PM
Nelson suggests changing "do" to "make" and judge agrees

by Phil Tenser 8/6/2015 3:32:23 PM
The more they try to clarify the instructions, the murkier they become...

by Goober 8/6/2015 3:32:45 PM
What will you NOT miss when the trial is over?

DT saying "I object or may we approach" a million times.
The Judge saying "What else Ms. Nelson?"

by Suzanne 8/6/2015 3:32:47 PM
Last night we got a lot of criticism for our snarky comments about Nelson's nonstop objections on the jury instructions. And I will admit to getting silly with our jokes as we let off steam from listening to those victim statements. But i want to make clear that I support the DT doing their job. Having said that, I will continue to criticize them doing their job POORLY. And IMO, Nelson frequently objects and starts talking before she has figured out what her objection is or how she wants to articulate her arguments. It is the blather and the ums and bored tone and self righteousness that is annoying, not her doing her job.

by Sophia 8/6/2015 3:35:49 PM
I WONT miss all the tears, mine and others...

by emma 8/6/2015 3:35:50 PM
@Mira and @Tia I think he's definitely been more somber since Ashley gave her statement.

by Della (Me) 8/6/2015 3:35:53 PM
The prosecution has split many of its examinations and cross examinations among its five lawyers, all the while keeping Brauchler as head honcho. The defense, on the other hand, split the exams/cross exams among its five lawyers but...they split the head honcho designations between King and Brady. As a result, King looks banished from the team while sitting in the back, and he is no longer contributing. It might appear to the jury, but maybe not, that since he "lost" his part of the trial, the team switched to Brady for better representation. That is most likely not the case, but it still seems confusing that King is almost nonexistant at this crucial time. That may be a good thing or may not be.

by Megh 8/6/2015 3:35:58 PM
I wondering if Braucher is frustrated or nervous.

by Tammy Garrison 8/6/2015 3:35:59 PM
After seeing family members yesterday, I think they have pretty much made up their minds.
Just like phase 2 quick verdict

by tjq 8/6/2015 3:36:02 PM
@Suzanne, I will not miss: looking at Jimmy

by Resa 8/6/2015 3:36:03 PM
@Suzanne: hee hee!

by tg_kendall 8/6/2015 3:36:05 PM