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 -- I'm against the death penalty, but I'd be OK with that....

by Lynn 8/6/2015 7:27:47 PM
Jury not bound by testimony of admitted experts

by Phil Tenser 8/6/2015 7:28:41 PM
He is likely on suicide watch right now.

by trl2 8/6/2015 7:28:44 PM
@Victoria - we can only hope.

by Nadine 8/6/2015 7:28:46 PM
Flip-3 zingers. Much needed comic relief-thanks. And Poppy- no prob. It's interesting to watch after jury is gone. Boring details, but some of the most telling & lively, revealing action from all parties involved. Even the judge. I love watching that part usually (here)...

by BluesB 8/6/2015 7:28:48 PM
So just to clarify, do all of the jurors have to be unanimous on their decision? If one juror says life but the others say death, does the decision then go to the judge?

by Jen 8/6/2015 7:28:59 PM
gwash not sure about your point; exactly where is the justice, just talking about punishment, abolishingdp wants justice which requires the opportunity for redemption

by chair 8/6/2015 7:29:05 PM
If the chair starts spinning rather than the constant swivel, we will know he's anxious or nervous

by CO newbie 8/6/2015 7:29:06 PM
@Nadine -- 22 or 23.. I forget..

by mandi 8/6/2015 7:29:07 PM
Instruction #18: Evidence about mitigating factors can only be considered for that purpose. Insanity plea evidence is limited to that too.

by Phil Tenser 8/6/2015 7:29:35 PM
@Victoria: "Hurt himself more?" -- has he tried to hurt himself already?

by Poppy 8/6/2015 7:29:38 PM
Instruction #19: Defendant has the right not to testify and did not, but that can't be held against him

by Phil Tenser 8/6/2015 7:30:06 PM
Instruction #20: If their jury questions were not asked, it was due to the rules of law

by Phil Tenser 8/6/2015 7:30:54 PM
@Blues - ditto. There are a lot of very smart, articulate lawyers in that room, and you really see it when they hash out instructions

by Lynn 8/6/2015 7:30:59 PM
I wonder if any of the jurors wiped tears away during the families impact statements...

by Tia 8/6/2015 7:31:01 PM
@co chair spinning? he's doesn't turn it around in circles

by LG 8/6/2015 7:31:04 PM
Flip, you are wicked

by Sophia 8/6/2015 7:31:06 PM
if he does have mental disorders and the jury recognizes that he will get life

by gwash 8/6/2015 7:31:09 PM
Either way - he's imprisoned for the rest of his life. The appeals will go on for years....he will probably die in prison before he is ever executed if given the DP unless he waives his appeals.

by amjinoh 8/6/2015 7:31:11 PM
more interesting will be what happens with Fenton's license, total vanity case failure in medicine

by chair 8/6/2015 7:31:15 PM
@poppy that came up during the trail when he did while in jail in Nov 2012

by LG 8/6/2015 7:31:17 PM
jh would not commit suicide... remember he didn't want to get hurt during the shooting.

by mandi 8/6/2015 7:31:20 PM
@Poppy: Video of him in prison falling backwards off his bed and smashing his head against the wall

by Jen 8/6/2015 7:31:30 PM
Instruction #21: Jurors' notes are for their own memory only. They shouldn't give weight to someone else's notes

by Phil Tenser 8/6/2015 7:32:06 PM
Instruction #22: Questions during deliberations should be written on notes by foreman

by Phil Tenser 8/6/2015 7:32:26 PM
yes alot of stories were touching

by gwash 8/6/2015 7:32:28 PM
Many juries have opined in spite of this instruction that they had wanted to hear from the defendant. It seems to have at least a subliminal impact.

by trl2 8/6/2015 7:32:31 PM
@BluesB--I'll definitely be looking forward to reading your insightful, humorous posts during the next couple of decades of appeals, buddy....

by flip 8/6/2015 7:32:38 PM
RE volume: Is the stream audio turned up all the way. And have you checked the volume level on your pc, phone, etc.?

by Sandy edited by Phil Tenser 8/6/2015 7:32:44 PM
@Sandy: We're at 100%

by Phil Tenser 8/6/2015 7:32:50 PM
@LG: thank you -- I didn't hear that.

by Poppy 8/6/2015 7:32:51 PM
Instruction #23: They'll be taken to jury room to deliberate

by Phil Tenser 8/6/2015 7:33:04 PM
Blues, me too. Loved the boring jury instruction arguments.

by Sophia 8/6/2015 7:33:08 PM
yup the death penalty may never take place even if they give him the death penalty considering all the controversy about it right now i bet any amount of money colorado doesnt even have the drugs to do it. im from massachusetts anyway where we dont have the death penalty which i do think is a good idea thats what we have prisons for.

by chuck 8/6/2015 7:33:17 PM
@Jen -- but he "fell" on his butt and did not damage to his head... very calculating IMO

by mandi 8/6/2015 7:33:19 PM
Verdict forms have 3 sections

by Phil Tenser 8/6/2015 7:33:31 PM
Too late now, but the murdere should've been advised to babble or drool or pull out his hair or pick his nose or play with a cup (u know what I mean, wink). Any of those behaviors may have helped their theory. Maybe

by CO newbie 8/6/2015 7:33:40 PM
@Jen: thank you.

by Poppy 8/6/2015 7:33:41 PM
@Mandi...his ability to commit suicide is different now because he is medicated.

by trl2 8/6/2015 7:33:46 PM
Victoria-I don't. His too narcissistic and self-satisfied. He got too much satisfaction from what he set out to do, & did. Plus, all the crazy fan mail. Plus, no reason to do styrofoam penis tricks-he can use his brain & further his education if he wanted to in certain ways. But if waiting an appeal, I bet we see more fecal smearing and Oscar winning/Jodie Foster "Nell"-performances

by BluesB 8/6/2015 7:33:48 PM
All jurors must sign to confirm a death penalty

by Phil Tenser 8/6/2015 7:34:18 PM
If the jury is not unanimous on the death penalty, but unanimously agrees to LWOP, the foreman will sign the line on section 2

by Phil Tenser 8/6/2015 7:34:48 PM
I disagree about Fenton. Šhe did nothing remotely close to losing her license. If the DT could have brought in experts to really throw blame on Fenton (or the drugs), they sure would have.

by Sophia 8/6/2015 7:35:11 PM
@Chuck: Massachusetts doesn't have DP but didn't the Boston bomber get death?

by Poppy 8/6/2015 7:35:13 PM
@ lg, I know he only swivels, BUT IF he starts to spin today, he's clearly nervous.

by CO newbie 8/6/2015 7:35:17 PM