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

@djs death is final, if he is not alive its a type of closure it doesn't mean the devestaion is forgotten

by Coco 8/6/2015 7:21:27 PM
@MyraJ, I'll try and breathe...

by Kels 8/6/2015 7:21:29 PM
@djs..I really do not think it brings closure. The victims and their families will never have closure. I think if I am not mistaken...the majority of the victims and the families believe in their hearts that the DP is the proper sentence for this horrific crime.

by TMT 8/6/2015 7:21:33 PM
Reminds the jury again they must be convinced "beyond a reasonable doubt"

by Phil Tenser 8/6/2015 7:21:47 PM
That phrase refers to a "degree of moral certainty" based on "individual reasoned moral judgement"

by Phil Tenser 8/6/2015 7:22:08 PM
@Blues -- there's a reason we would never let victim's families on a jury. What they wish isn't legally relevant to what the state should do. They don't get a vote. It sounds heartless, but it's an important part of our system.

by Lynn 8/6/2015 7:22:22 PM
Poppy-check out live tv/feed when jury is gone. He is a different person. 'Shows a significant deal of smiles, laughs, head nods, stretches, conversations with DT. He's acting in front of jury. The live record makes it very clear.

by BluesB 8/6/2015 7:22:26 PM
someone should have changed JH chair so he cant swivel anymore

by Tia 8/6/2015 7:22:30 PM
@djs I don't think there will ever be closure for anyone in that theater that night.

by Dkf 8/6/2015 7:22:32 PM
TMT-'well said.

by BluesB 8/6/2015 7:22:33 PM
Instruction defining reasonable doubt being read now

by Phil Tenser 8/6/2015 7:22:50 PM
Instruction #8: There's now requirement for the jurors to explain their decision to each other, but they must consult and deliberate on each count's ultimate decision

by Phil Tenser 8/6/2015 7:23:26 PM
If any juror disagrees with the rest, that must be respected

by Phil Tenser 8/6/2015 7:23:44 PM
If we're still debating the DP, this: "An eye for an eye" is the practice of other countries whose savagery is constant and undeniable. What makes us different or better than them? Especially, as someone said on this forum, we should just take JH out and execute him straight from the defendant's chair at the end of the trial.

by Clancy 8/6/2015 7:23:54 PM
@Blue- you are absolutely correct in JH's demeanor

by Victoria 8/6/2015 7:23:56 PM
@Nadine--I think the bailiffs were ordered to put extra oil on JH's swivel-chair for today's proceedings.

by flip 8/6/2015 7:23:58 PM
Thanks everyone no matter what your views.

by djs 8/6/2015 7:24:19 PM
Instruction 10: Defines LWOP and clarifies that he'll never get out of prison

by Phil Tenser 8/6/2015 7:24:35 PM
The death penalty will push closure out by many years... this case will be in the court system for years. With LWOP, it ends here.

by Lynn 8/6/2015 7:24:46 PM
Thanks, Lynn. I do understand our system. Never implied a victim family member, who would likely be a witness, would ever be called as a juror. You're right - that's ridiculous. That's why I love this jury & have much faith in them.

by BluesB 8/6/2015 7:24:49 PM
Instruction 11: Colorado does death penalty by lethal injection

by Phil Tenser 8/6/2015 7:25:04 PM
Instruction 12: Jury told that the prosecution seeking the death penalty in and of itself cannot be considered

by Phil Tenser 8/6/2015 7:25:22 PM
@BluesB: thank you. I thought I'd been watching all parts of the trial, including when the jury was out, but I guess I missed it.

by Poppy 8/6/2015 7:25:24 PM
DT appeal: 1) can jury use 'mercy' it already had or must 'mercy' be based on the evidence? 2). Did the 'third' box improperly make the jury think it was bad not to come to unanimous decision? 3) the trial court erred by refusing to merge the 1st degree murder charges prior to phase 1 of the trial. 4) the trial court erred by refusing DT request to forbid the jury from deciding on death as appropriate sentence

by Sophia 8/6/2015 7:25:30 PM
I wonder if the gurney will swivel...

by flip 8/6/2015 7:25:31 PM
my feed is down....anyone else?

by sher 8/6/2015 7:25:33 PM
@sher: still good here

by Phil Tenser 8/6/2015 7:25:41 PM
id say give him life cuz im agianst death penalty. there should b plenty of challenges anyway behind bars from fights to stabbings.

by gwash 8/6/2015 7:25:43 PM
I hope that some of the jurors will eventually be willing to shed some light on the deliberating process.

by trl2 8/6/2015 7:25:46 PM
Instruction: no considering bias or public pressure or arbitrary emotional response

by Phil Tenser 8/6/2015 7:26:05 PM
Nice that Brady has this time to "rest up" before her objection work out. Btw, that workout also named, The objection workout, will be included in the final chapter of her upcoming book.

by CO newbie 8/6/2015 7:26:09 PM
@Blues -- I wouldn't be able to do it, but I'm glad there are 12 people who are.

by Lynn 8/6/2015 7:26:40 PM
Bluesb romanticizing your assumptions about acting

by chair 8/6/2015 7:26:42 PM
@Lynn how does it end when his life would be lived out much longer than an appeals process. =No closure

by JG 8/6/2015 7:26:46 PM
I think closure means something coming to an end, as for the victims, the end of the trial will bring closure, but their loss will never have closure.

by bonz 8/6/2015 7:26:49 PM
Well one difference between the U.S. and other countries that carry out the death penalty is that in some of those countries the sentence has to executed with in 30 days.

by Humble Pride 8/6/2015 7:26:53 PM
Does anyone think that if JH gets LWOP that he will try an hurt himself more (or possible commit suicide)?

by Victoria 8/6/2015 7:26:56 PM
I'm hardly hearing the judge. Anyone else having trouble with sound?

by Tubby 8/6/2015 7:26:57 PM
Instruction #14: In this phase, victim impact evidence purpose is to inform the jury about the harm caused by the murders

by Phil Tenser 8/6/2015 7:26:58 PM
Instruction #15: Number of witnesses do no prove anything

by Phil Tenser 8/6/2015 7:27:14 PM
Instruction #16: Jury is the only judge of the credibility of witnesses

by Phil Tenser 8/6/2015 7:27:27 PM
@gwash - he has not challenges in prison -- he will always be isolated from others because of his safety.. unlike his victims

by mandi 8/6/2015 7:27:33 PM
@trl i wonder if the judge will follow the Boston bombing case example and keep them as jurors for a few extra months, technically, so their identities remain private.

by Lynn 8/6/2015 7:27:38 PM
@clancy that's what we should do take him directly from a DP verdict straight to the injection chair

by JG 8/6/2015 7:27:43 PM
How many instructions are there?

by Nadine 8/6/2015 7:27:44 PM