James Holmes: Colorado Theater Murder Trial #2

The Gold Patrol® ‏@thegoldpatrol  · 5m  
#theatershooting

If jury can’t reach unanimous, judge will sentence JH to life without parole.

https://twitter.com/hashtag/theatershooting?src=hash

The Gold Patrol® ‏@thegoldpatrol  · 4m
#theatershooting

Judge is now giving phase 1 jury instructions.


Megan Verlee ‏@CPRverlee  · 4m
Neither prosecution nor defense presenting new evidence in aggravating factor portion of #theatershooting trial.


Jeffrey Evan Gold ‏@jeffgoldesq  · 7m 
#Theatershooting parties present no evidence in agg factor phase, judge goes right to final instructions, then arguements and deliberations.


https://twitter.com/hashtag/theatershooting?src=hash

Larry Ryckman ‏@larryryckman · 9m
After the judge reads the final instructions, attorneys will make final arguments. Then jurors will deliberate. #theatershooting

https://twitter.com/hashtag/theatershooting?src=hash

Jeffrey Evan Gold ‏@jeffgoldesq · 8m
Looks like we will be hearing #Theatershooting closing arguments on DP agg factors and then deliberations after lunch today. Bam.

https://twitter.com/hashtag/theatershooting?src=hash

Ann O'Neill ‏@AnnoCNN · 5m
Aggravating factors alleged by #theatershooting prosecutors against #JamesHolmes: Multiple murders, heinous, murders, victim under age 12 …

https://twitter.com/hashtag/theatershooting?src=hash

Larry Ryckman ‏@larryryckman · 4m
Each side gets 40 minutes for their closing arguments. Court will provide lunch for jurors during deliberations in phase 1. #theatershooting

https://twitter.com/hashtag/theatershooting?src=hash

Larry Ryckman ‏@larryryckman · 2m
Only a 20-minute notice to be given after #theatershooting jurors reach a verdict. Not the 3 hours the court provided during guilt phase

https://twitter.com/hashtag/theatershooting?src=hash

Marshall Zelinger @7marshall . 6m
Cat's out of the bag, info I heard over the wknd is true. @Newsweek printed the name of #TheaterShooting foreman. I was told they are banned

Larry Ryckman ‏@larryryckman  · 10m  
He says the article mentioned that he is the foreman and it mentions him by name. He expresses concern about media. #theatershooting


Larry Ryckman ‏@larryryckman  · 12m  
Juror 737 says he got tweeted at over the weekend by someone he doesn't know with link to Newsweek article. #theatershooting


https://twitter.com/hashtag/theatershooting?src=hash

Rick Sallinger ‏@ricksallinger  · 5m
No action on juror at this time. Concern if Newsweek violated judge's order by identifying juror. #theatershooting


KDVR FOX31 Denver ‏@KDVR  · 5m
Juror 737 will stay on the case after @Newsweek article named him as the foreman. #theatershooting WATCH LIVE: http://link.kdvr.com/1IiQWNV


https://twitter.com/hashtag/theatershooting?src=hash

7NEWS Denver Channel ‏@DenverChannel · 7m
#TheaterShooting: Prosecutor Richard Orman begins giving his argument in phase 1 of sentencing - http://bit.ly/theatertrial

https://twitter.com/hashtag/theatershooting?src=hash

KDVR FOX31 Denver ‏@KDVR · 4m
2nd aggravating factor: Killing of a child. Veronica Moser-Sullivan was 6, shot 4 times. #TheaterShooting WATCH LIVE: http://link.kdvr.com/1IiQWNV

https://twitter.com/hashtag/theatershooting?src=hash

Larry Ryckman ‏@larryryckman · 5m
Orman reminds jurors that a witness on Day 2 exclaimed about how many children were in the theater that night. #theatershooting

https://twitter.com/hashtag/theatershooting?src=hash

KDVR FOX31 Denver ‏@KDVR  · 2m  
Aggravating factor #3: Created grave risk of death to person in addition to murdered. Orman shows photos of bullet holes. #TheaterShooting


Megan Verlee‏ @CPRverlee · 5m
"670 individual projectiles shot in that theater," says Ormond, making case for grave risk of death for non-victims. #theatershooting


https://twitter.com/hashtag/theatershooting?src=hash

The Gold Patrol® ‏@thegoldpatrol  · 6m  
#theatershooting

These are the items he used to create that risk. Evidence in the theater -
65 shells for .223
6 shells for shotgun


The Gold Patrol® ‏@thegoldpatrol  · 8m 
#theatershooting

He wanted to kill as many as he could. He had shotgun and handgun on top of his car


The Gold Patrol® ‏@thegoldpatrol  · 10m 
#theatershooting

3. Created grave risk of death to person in addition to murdered. Evidence shows he did. He brought that gun in there


https://twitter.com/hashtag/theatershooting?src=hash

KDVR FOX31 Denver ‏@KDVR · 3m
Aggravating factor 4 - committed crime in pitiless manner that was unnecessarily torturous to victim. #TheaterShooting

https://twitter.com/hashtag/theatershooting?src=hash

KDVR FOX31 Denver ‏@KDVR · 8m
Orman showing photos of wounds sustained by #TheaterShooting victims to prove grave risk of death.

https://twitter.com/hashtag/theatershooting?src=hash

The Gold Patrol® ‏@thegoldpatrol  · 2m  
#theatershooting

Unless they were psychic, how could they know danger stood right outside that door? He came in and then they knew.


KDVR FOX31 Denver ‏@KDVR  · 3m  
Aggravating factor 5-- lying in wait and ambush. JH was concealed, waited until victims were watching movie. #TheaterShooting


https://twitter.com/hashtag/theatershooting?src=hash

Scott Cohn ‏@ScottCohnTV  · 5m  
BREAKING: Jury in #theatershooting trial to begin first phase of deliberations in Holmes sentencing, deciding on "aggravating factors."


KDVR FOX31 Denver ‏@KDVR  · 9m  
Jury will be deliberating; alternates escorted elsewhere. Lunch will be brought to them. Court to return at 2:30 #TheaterShooting


Jeffrey Evan Gold ‏@jeffgoldesq  · 10m  
no defense argument that #Theatershooting was not DP qualified. Goes directly to jury now. I expect that they will come back soon too


Will C. Holden ‏@will_c_holden  · 10m  
Back from CA just in time to watch Orman finish closing argument for phase 1 of #theatershooting sentencing hearing. Defense has 0 argument.


https://twitter.com/hashtag/theatershooting?src=hash

Will C. Holden ‏@will_c_holden · 8m
#TheaterShooting Jury begins phase 1 sentencing deliberation. Def had 0 rebuttal so should b swift. Verdict live here http://link.kdvr.com/1IiQWNV

https://twitter.com/hashtag/theatershooting?src=hash

Scott Cohn ‏@ScottCohnTV · 6m
If the jury agrees there were aggravating factors--which defense does not contest-- #theatershooting case moves on to "mitigating factors."

https://twitter.com/hashtag/theatershooting?src=hash

Jury foreman was a Columbine survivor according to Newsweek....


https://twitter.com/Schaibly/status/623928896073826304/photo/1

Stan Bush ‏@StanBushTV · 5m
Jurors must return guilty verdicts on aggravation, mitigation, & victim impact to arrive at a death sentence for Holmes. #TheaterShooting

https://twitter.com/hashtag/theatershooting?src=hash

7NEWS Denver Channel ‏@DenverChannel  · 7m
#TheaterShooting trial judge bans Newsweek from being on the court house premises for rest of trial - http://bit.ly/1CQxckd

https://twitter.com/hashtag/theatershooting?src=hash

Rick Sallinger ‏@ricksallinger · 6m
Jurors want to see video where defendant asks if any children were hurt. Also theater surveillance videos. #theatershooting

https://twitter.com/hashtag/theatershooting?src=hash

Will C. Holden ‏@will_c_holden · 5m
#TheaterShooting videos jury wants to see could speak to multiple aggravators, including killing of a child. Live: http://link.kdvr.com/1IiQWNV

https://twitter.com/hashtag/theatershooting?src=hash

Alessandra_Deux wrote:7NEWS Denver Channel ‏@DenverChannel  · 7m
#TheaterShooting trial judge bans Newsweek from being on the court house premises for rest of trial - http://bit.ly/1CQxckd

https://twitter.com/hashtag/theatershooting?src=hash

^^^
"....Newsweek wrote the juror’s name in a story, and then tweeted a link to that story with the juror’s name in it, saying he “never took his eyes off” Holmes when the guilty verdict was read in the case on July 16.

The story has since been amended and the tweet deleted.

The juror himself brought up the tweet before Samour on Wednesday, the first day of the sentencing hearing, which includes the jury. The juror, a survivor of the 1999 Columbine High School tragedy who was close friends with the shooters and at least one of the victims, told the court he was unsettled by the fact that he was identified.

Samour seemed equally unsettled, ruling on Wednesday afternoon that all Newsweek employees would be banned from the courtroom for the duration of the trial. However, he stopped short of holding the publication in contempt of court. The defense had asked him to do so, and the prosecution did not disagree with the defense’s request....."

http://kdvr.com/2015/07/22/newsweek-prints-jurors-name-banned-from-theater-shooting-courtroom/

Just saw this. Wow. I am surprised def attyy did not have the jurors in question dismissed.

"....“We’re new friends,” said Juror 737, who said he was also recently involved in a business transaction with Alex Espinoza, a theater shooting survivor shot in the upper arm who was called to stand Wednesday, and his wife.

Juror 737 claimed the witness has purchased a product from his company after the jury selection process concluded in mid April.

Arapahoe County District Court Judge Carlos Samour Jr. gave the juror a moment in private to think about if he would will feel any “sympathy” or “loyalty” to the witness, or a need to justify his verdict in this case.

Though Juror 737 said it would be challenging to be impartial toward the Espinoza’s, he said he would not let his relationship with them impact his verdict. The juror also said he would not feel the need to justify his verdict in this case “to anyone.”..."

http://kdvr.com/2015/05/06/2-jurors-retained-despite-knowing-theater-shooting-trial-witnesses/

Phil Tenser ‏@pstenser  · 27m  
Frustrating day for #theatershooting coverage crew as the process expected to take only hours will last till tomorrow


Will C. Holden ‏@will_c_holden  · 31m
That's it for the day. We'll be back live on the #theatershooting stream tomorrow morning around 8:45 AM here: http://kdvr.com/tag/theater-trial-live/ …


https://twitter.com/hashtag/theatershooting?src=hash

James Holmes Trial - Day 52 - Part 1

Croaker Queen

Published on Jul 22, 2015
Penalty phase starts today after the attorneys go over some things first.

https://www.youtube.com/watch?v=JBzu3nDSuGY&feature=youtu.be

James Holmes Trial - Day 52 - Part 2

Croaker Queen

Published on Jul 22, 2015

https://www.youtube.com/watch?v=mJIO9hQowqc

James Holmes Trial - Day 52 - Part 3

Croaker Queen

Published on Jul 22, 2015

https://www.youtube.com/watch?v=nI9BlbVBpAQ

"Vesper Martini  1 hour ago  
JUROR 737: White man, 20's - 30's
Personal: Was at Columbine High School during the 1999 shootings. The killers, Eric Harris and Dylan Klebold were his best friends through the 8th grade.
One of their victims was this juror's prom date and best friend in high school.
The juror had to go to therapy for 10 years after the killings.
Has concerns that he may not be able to handle some of the evidence presented.
Says his experience will make him the ideal juror in this case as he understands what the victims went through as well as the possible mental health of Holmes."


The above comment was posted here on the comment section:

https://www.youtube.com/watch?v=nI9BlbVBpAQ

^^^^
It might be therapeutic or even cathartic for the juror to sit this trial but I do not think it is the proper forum (or perhaps even very risky) for the juror to address or confront the demons of his prior experiences. PTSD COULD become a true realty for this juror. Why risk so much? The trial should be about JH's and his actions and not be about a juror and the "baggage" brought into the court by his prior experiences and struggles...

JMO

The Gold Patrol® ‏@thegoldpatrol 7m7 minutes ago

#TheaterShooting jury has a note. Back on record with judge in few. Watch at http://TheGoldPatrol.com

https://twitter.com/hashtag/theatershooting?f=realtime

The Gold Patrol® ‏@thegoldpatrol 18m18 minutes ago

#theatershooting verdict reached

https://twitter.com/hashtag/theatershooting?f=realtime

The verdict will be read any minute now...

"....DENVER (AP) — Whether James Holmes gets life without parole or a death sentence for the Colorado theater shooting, he will spend years behind bars, joining about 6,000 inmates in Colorado and hundreds of thousands of others nationwide who suffer from mental illness.

Experts say prisons are ill-equipped to treat the growing number of inmates with mental illnesses — especially the majority who are not convicted of crimes as violent as Holmes, who was diagnosed with a form of schizophrenia.

A jury on Thursday convicted the 27-year-old former neuroscience graduate student of murder and other charges for his 2012 assault at a midnight screening of a Batman movie that killed 12 and wounded dozens of others.

The same jurors will decide his sentence in the penalty phase of the trial, which starts Wednesday and will take about a month. Even if they decide Holmes should be executed, as prosecutors want, he would spend years in prison as his mandatory appeals play out in court.

Holmes pleaded not guilty by reason of insanity, but jurors rejected the claim after two state-appointed psychiatrists testified he could distinguish right from wrong, Colorado's test for sanity. But the two state psychiatrists and two defense psychiatrists agreed he suffers from mental illness.

If jurors had found Holmes was insane, he would have been committed indefinitely to a state mental hospital. Instead, he could end up at the San Carlos Correctional Facility, Colorado's 250-bed prison for inmates with mental illness, where experts agree his treatment will be at a far lower standard than if he were hospitalized....."

http://www.bigstory.ap.org/article/769bab8ac5484233ae540d4ddf882c4a/despite-quick-conviction-theater-shooting-trial-isnt-over

CuriousPortlander wrote:
Watch Live:

http://kdvr.com/2015/07/22/watch-live-sentencing-phase-begins-in-aurora-theater-shooting-trial/

http://www.wildabouttrial.com/trial_videos/james-holmes-trial-live-stream/

http://dptv.denverpost.com/2015/04/27/theater-shooting-trial/

Bumping

State presented its comments.

Defense has called Holly Price to stand.
Price has known the Holmes' family from Oak Hills, CA, since the 1990s.
Children interacted thru school events.
Middle class suburb. Kids related with neighboring kids.
Her daus were @ 5 yrs younger than JH.
Holmes' parents were involved in activities with their children.
Price would see JH in passing. Holmes family eventually moved to San Diego.
Price did see the family as their daus remained good friends.
Price had brief interaction with JH; he was usually in his room.
She did not have any negative encounters with him.

State has no questions; jury has no questions. Price dismissed.

Scott Cohn ‏@ScottCohnTV 37m37 minutes ago

Jury needed to find only 1 aggravating factor to proceed to possible death penalty in #theatershooting case. They found 96.


https://twitter.com/hashtag/theatershooting?f=realtime

Defense calls Suzanne Diaz.

She has lived in Monterrey County her entire life.
She is bilingual secretary, nurse, attendance clerk, etc.
She has been there for 33 yrs. Knew JH from end of first grade thru fifth grade.
She remembers him.

Witness shown school pics. She smiles and recalls the students. (Names had been blocked out.) Pic is published for jury. JH was classroom monitor. "He was very, very bright. " Said he was a normal kid, had a lot of friends, well liked. Was not in trouble with teachers pr with other students; never mean or rude to anyone. All the students were loved and so was JH; one family concept.

Questions from prosecution? No.
Jury question: Did JH have any unusual eye contact or gazing? No.
JH would have been 10-11 his last year there.

Theater shooting jurors say death penalty can be considered

Associated Press
By SADIE GURMAN
23 minutes ago

CENTENNIAL, Colo. (AP) — Jurors decided unanimously Thursday that the Colorado theater attack was so heinous, depraved and cruel that it deserves the death penalty. Defense lawyers will now try to show why the life of James Holmes should be spared nevertheless.

Jurors said capital punishment is justified because Holmes murdered a large number of victims; caused a grave risk of death to others; committed murder in a heinous, cruel or depraved manner; and laid in wait or ambush.

One factor jurors said prosecutors did not prove was that Holmes intentionally killed a child, but the other "aggravating factors" ensure that jurors will continue to consider whether he should die.

Read more:

http://news.yahoo.com/prosecutors-seek-death-theater-shooters-sentencing-opens-071255100.html#

Def calls Tom Oliver to stand.

Was a full time school teacher, Poway, CA. Taught hs 2002-2003.
Large student body and small teaching staff.
JH was a freshman student of his.
Taught chemistry and a hybrid science mix.
JH was small in size as he taught mixed grades.
JH was a good student; got As with ease.
JH did not interact much with the teacher. Felt it was "tough" to get to know JH.
JH was quiet. Never mean, rude. Cannot recall JH having friends with other students.
Openly social class. JH did not engage much with others; by himself kind of guy.
Teacher in charge of Academic Lead Team (Challenge Bowl?)
He was good with science but not involved in other programs.
JH never attempted to stand out; invisible. JH did not appear "happy" but he was not mean, never got into fights, never got into trouble in class...

State to cross Oliver.
JH rec all As his sophomore year.
Would it be unusual to not be on the academic team? Oliver said the student would have to make an attempt to be on the team, show an interest.

Jury questions:
Do you recall if there were any presentations in your class, and was his behavior odd?
Did not recall.
Did JH have any anxiety with other students?
JH did not appear comfortable with other students.

Break. 20 minutes.

SEVEN more witnesses from def this afternoon!!
Court may go to 5:30 today.
Wow.
I can't type that long...

^^^

Freckles, you are doing a great job! Thank you!

Will C. Holden ‏@will_c_holden · 3m
#TheaterShooting defense calls Lori Godwin, Holmes' teacher & Cross Country coach at Westview HS. Watch live: http://link.kdvr.com/1MKlzeP

https://twitter.com/hashtag/theatershooting?src=hash

Another witness finishes.

Claire Anne Vincent. Oak Hills, near San Francisco
Piano teacher. She taught JH for @ 3 1/2 yrs when he was about 9-10 yrs old.
JH is doing smooth, large twists in his chair.
Pic shown of JH and witness playing a duet together on piano.
She speaks softly and gently when she says his name, Jimmy.
JH did two recitals a year, Christmas and June.
Programs made. Shares those from 1997 and 1998 and 1999.
He started as a beginner and made progress. Disappointed when family moved. He was a good student and made good progress. Mother wrote a note of appreciation when they moved.

Def done.
State asks questions.
Clarity of what years she taught the piano.

No questions from jury.
She is dismissed.

Def calls witness.
Sandy Starbucker ? Becker?
(Their vol is crap!)

Def asking questions.
She was neighbors until JH entered @ 7th grade.
A lot of activities in neighborhood. Parties for holidays, men played softball, kids all outside playing and interacting.
She had children close in age to JH.
Said JH would play with her son, go to other homes... @ six boys banded together.

JH studying the pic taken of him and other boys.

Fourth of July party, many birthday parties for children.
Everyone in neighborhood helped look out for other kids, families in neighborhood.
Holmes' family was involved, helped organize activities.
JH was just one of the kids who hung out with the other kids.
No problems. No problems with his family, either.
Very little contact once they moved.
JH was part of the group, not on the outside.

State:
She has not seen him since they moved; once when he was in hs.

No jury questions.
She is dismissed.

Def calls witness.
Maurice Scruggs. ???? Sound too soft.

He is a history teacher at Poway HS.
In AP classes for English Literature, European History, US History.
An A student. Quiet and soft spoken. No behavior problems.
Two full school years.
Little recollection.
Good student. Positive. Not rude or arrogant.
Nothing to draw attention to himself.
Nothing outside of class.
Wrote letter of recommendation at the end of JH's jr year of hs. Summer internship.
Letter is March 30, 2006.

Bright, hard working, clear and thotful writer, independent worker, creative, stretching bounds of his knowledge, worthy of praise, mature ability to see the absurdity around him; sense of humor, intelligent, friendly.

Def is done.
State to cross the witness.
Witness stated he taught humanities so never saw the science projects. presentations.

No jury questions.
Witness released.

Def calls witness.
James Perardposaro ?

Teaches at Poway middle school, band teacher.
Taught JH trumpet for 3 years, 6,7.8 grades.
Always respectful. Three presentations a year.

Attys at bench with judge. JH is speaking softly with member of his table.
Almost as if she said, "I never knew you played the trumpet! Did you like it?"
And JH made some small talk back with her.
Two others from his table stopped to speak with him.

Discussing the keeping of grades using the computer.
Mesa Verde school district grades.
He does recognize names of other teachers on report card.
Outstanding effort, citizenship and performance. Earned As on all reports in music.
JH participated in end of year concert, 8th grade.
Never on outside of group; he fit in.
Have not seen JH since the end of 8th grade.

State has no questions.
Jury has a question.

Did JH interact with teacher?
Yes. Required to play as musician fro teacher.
No unusual mannerisms.
Met the parents at concerts.

Witness is released.