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

So, has anyone seen/heard anything that you would bring up on appeal if you were the defense?

by Phil Tenser 8/6/2015 3:36:43 PM
Nelson says she has 3 more things

by Phil Tenser 8/6/2015 3:38:21 PM
Mr. D-some of us were commenting late yesterday at how animated and engaged his face and body language was during and after impact victim statement and videos, etc. It seems like he truly feels it was adding to his value, or, at least "woke him up", if I need to be impartial, which is hard. He definitely got more engaged- when it had to do with the ramifications of his "mission"- 'pretty gross, in my opinion.

by BluesB 8/6/2015 3:38:26 PM
He must be sedated there is no sign of remorse nor how can one just sit there and not try to speak to the defense

by Sharall 8/6/2015 3:38:28 PM
I'm not sure how appeal works. What the "rules" are and all.

by Tammy Garrison 8/6/2015 3:38:30 PM
Does anyone know of another current trial to watch when this is over? Suggestions are appreciated!

by Mo 8/6/2015 3:38:35 PM
For me, part of the frustration with this process has been the defendant's complete and undeniable lack of any kind of emotion, or concern, or even any kind of involvement in this proceeding. It is as if he is a ghost, invisible, it's really weird. Does anyone else feel like this.?

by sunny 8/6/2015 3:38:51 PM
How can the jury not show emotion when testimony? They are human too

by tjq 8/6/2015 3:38:54 PM
And no one has been more critical of Mr Edwards from PT team with respect to jury instructions than me, so my criticism isn't biased. I just think this judge is so clear thinking and has done his homework that the lawyers should be better prepared so as not to waste his time while they try to make up arguments not based on case history.

by Sophia 8/6/2015 3:39:00 PM
Once again, Judge S is teaching us all- explaining what we have been pondering about in terms one possible mitigating factor, mental illness, being considered. GLAD his thinking is on the record. This has to be helpful to the jury.

by Mr.D. 8/6/2015 3:39:05 PM
Phil-I think judge S. simply has been too thorough. I can't think of an obvious appeals reason. But I don't know the law. Seems he's been incredibly thorough & patient, though. Can't see anyone overturning anything -at least based on what judge could catch...that's my response to your question.

by BluesB 8/6/2015 3:41:18 PM
I mean, are there categories for appeals? How many appeals can they make? Are there limitations to them like there has been to testimony allowed or is it like mitigating factors?

by Tammy Garrison 8/6/2015 3:41:22 PM
@sunny, he is heavily medicated

by emma 8/6/2015 3:41:23 PM
@tjq I absolutely agree with the issue of emotion, seriously, these are people, I would think it would be a serious issue if no one had any emotion throughout this proceeding, everyone is human, and I would like to think humane, and emotion is part of all of our makeup!

by sunny 8/6/2015 3:41:26 PM
I do, Sunny...

by BluesB 8/6/2015 3:41:27 PM
These last few days have been difficult for all, that's why I have been steering clear of the chatroom and the testimony for most of it. But the presence of the chatroom and discussions during the past 4 months, while heated sometimes, has been a way to vent and emote, and most of us have been supportive. I am thankful to all, especially Denver7.

by MyraJ 8/6/2015 3:41:30 PM
Good morning everyone! Can't stay long today. Will catch up later.

by Kristle 8/6/2015 3:45:59 PM
When he pulls himself up higher on the seat like that (I've seen it maybe 6 times so far) I keep thinking he's going to get up! The security guard thought so yesterday too, he almost dropped his phone lol!

by Della (Me) 8/6/2015 3:45:59 PM
Tia

by Tia of COURSE she has more 8/6/2015 3:45:59 PM
They might appeal due to juror misconduct on one or two of the jurors who they tried to have dismissed but the judge kept on the jury. Does Colorado have automatic appeal on death sentences?

by Chipper 8/6/2015 3:45:59 PM
Judge sounds annoyed

by Sun David 8/6/2015 3:45:59 PM
@ Tammy G - I too would like to understand the appeal process.

by Suzanne 8/6/2015 3:45:59 PM
I love @Phil and Denver7.. I wish you guys could cover ALL the trials I watch...Thanks for a great job!

by Tia of COURSE she has more 8/6/2015 3:45:59 PM
I think it's pretty clear, at this point at least, that JH is void of empathy. DT would have had him show some empathy if he had any so it would look better to he jury, I would think.

by Della (Me) 8/6/2015 3:46:25 PM
@Sharall, I agree. I think he is probably medicated.

by MyraJ 8/6/2015 3:46:25 PM
lol 'we will not be providing the jury with any live ammunition'

by cheese and rice 8/6/2015 3:46:25 PM
Nelson is about to argue with Judge S.

by tjq 8/6/2015 3:46:26 PM
I will be floored if they don't come back with DP.. OJ, Jodi Arias, & Casey Anthony was enough of a shock.. I just cant believe this will happen in this case as well

by Tia of COURSE she has more 8/6/2015 3:46:26 PM
JH is not sedated or heavily medicated. The doctors have said that his dosages are mild. He is just emotionless and cold.

by SMH 8/6/2015 3:46:26 PM
@Phil- I'm not sure what DT could use for appeals other than all their objections. I also think the issues with the jury members, such as outside influences could come in to play.

by TLR 8/6/2015 3:46:26 PM
@Chipper Yes, CO has an automatic appeal to the state supreme court

by Phil Tenser 8/6/2015 3:47:32 PM
I could never have been on this jury, would never be able to hold it together. I cry at commercials.

by MyraJ 8/6/2015 3:48:18 PM
The appeals process definitely has rules and procedures and a certain order for different appeals as they work their way through various state court levels and federal court levels. The appeals are almost entirely done in writing, although there may also be oral arguments and sometimes hearings. Appeals focus on procedural and legal errors, they do not second guess the factual decisions made by the jury.

by Sophia 8/6/2015 3:48:26 PM
Orman argues that while jury didn't find intentionally killed a child under 12... but that doesn't mean they didn't believe she was that age. He argues the jury should be able to consider her age, despite not finding that factor present

by Phil Tenser 8/6/2015 3:51:12 PM
@Myra, I agree, I have not been very emotive in the chat rooms either, because it has been way too heated, and awful at times, so I simply have not been speaking much on here, but after watching this, at times I have gotten extremely upset, by the fact that there seems to be absolutely no remorse on the side of the defense, JH, and it seems that no one wants to hear about the devastation this person has made on so many people's lives and yet he still gets up and has breakfast, takes a shower, sits and swivels in his chair, blah, blah, blah. It upsets me quite a bit. It is so sad for what happened to so many people, for a night at the movie. 3 years ago I had to stay away from movies for a very long time, and had only recently in the last year begun going to movies again, but this is always in the back of my mind, and now here we go with these copy cats and in going to a movie in the middle of the day, thinking it was a "safe time to go", and now we have shootings in the middle of the day, this makes me angry as well.

by sunny 8/6/2015 3:51:30 PM
@ Sophia - I understand the DT needing to object. It is more of the amount, timing, and there attitude about it. Even Dan with Channel 7 has said to be careful with the amount of objections. He said even if they have an objectionable position that too much can be damaging. And Nelson seems to have the tone that I see as rude to the judge and court, like she is better.

by Suzanne 8/6/2015 3:51:34 PM
I don't think AC gets nervous at all-maybe fidgety or fired up to get going, or perturbed by these details & minutiae, but I don't think nervousness is in his make up. I just don't see it. I get what you mean though, Tammy...his body language does change from time to time.

by BluesB 8/6/2015 3:51:39 PM
SMH - how much emotion he would be showing, who knows? but it has been stated many times that he is heavily medicated.

by emma 8/6/2015 3:51:44 PM
@Phil- is it possible for JH to request an appeal based on inadequate DT? I'm not joking. Seems to me they didn't do their homework in terms of vetting their witnesses.

by Mr.D. 8/6/2015 3:51:48 PM
@Mr.D.: I suppose it would be possible, but since he has a public defender, I wonder if that would mean he'd have to start paying for the attorneys in order to do that

by Phil Tenser 8/6/2015 3:52:14 PM
@Phil -- maybe stated, but I am not clear... Do the jurors needs to come up with DP or LWOP for each count? If so - what if one is LWOP and rest are DP?

by mandi 8/6/2015 3:52:24 PM
@mandi: You're correct that they have to make decisions for each murder count. If they divide some to DP and some to LWOP, the DP still happens. So VERY unlikely it will be divided

by Phil Tenser 8/6/2015 3:52:57 PM
I thought Rick Kornfeld's idea about the defense having someone testify about what life in prison would be like (how miserable it would be and therefore a sufficient punishment) was a good idea for the defense... It was something at least, and it's their job to do everything they can to get their defendant's life spared. Too bad the defense isn't tuning in to Denver7.

by puglife 8/6/2015 3:53:05 PM
@Sophia - thanks! Do they go through the same judge or do they get someone different?

by Suzanne 8/6/2015 3:53:10 PM
@Myra I agree

by tjq 8/6/2015 3:53:11 PM