James Holmes: Colorado Theater Murder Trial #2

Stan Bush ‏@StanBushTV · 4m
Holmes will not address the court at all. Will not testify or make a statement asking for mercy or begging forgiveness. #theatershooting

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

Scott Cohn ‏@ScottCohnTV · 1m
Jury instructions and closing arguments tentatively scheduled for 1:00pm MT Thursday in #theatershooting trial, followed by deliberations.

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

Will C. Holden ‏@will_c_holden · 3m
#TheaterShooting DA expected to rest after break. Judge wants to give jury instructions Thurs & begin last deliberations either Thurs or Fri

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

Larry Ryckman ‏@larryryckman · 5m
Ashley Moser, mother of youngest victim, cries in the final testimony of the Aurora #theatershooting trial: http://dpo.st/1gaEzbv

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

Elizabeth Hernandez ‏@ehernandez · 4m
"I don't know who I am anymore," said Ashley Moser, mother of youngest victim, during her #theatershooting testimony http://dpo.st/1eTVxKj

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

Will C. Holden ‏@will_c_holden · 42s
Both #TheaterShooting DA & Defense now rest. Jury instructions & closing arguments will come tomorrow at 1 PM. Then the final deliberations.

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

James Holmes Trial - Day 61 - Part 1

Published on Aug 5, 2015
Victim Impact Statements.




James Holmes Trial - Day 61 - Part 2

Published on Aug 5, 2015
Victim Impact Statements.




James Holmes Trial - Day 61 - Part 3

Published on Aug 5, 2015
Victim Impact Statements.




James Holmes Trial - Day 61 - Part 4

Published on Aug 5, 2015
Victim Impact Statements.


Source: Croaker Queen - YouTube
https://www.youtube.com/channel/UCyFXpkWhSr9IAqD4LKq02fg

Rob McCallum ‏@rwmccallum · 8m
Court is in recess until tomorrow at 9 am MT Judge and attorneys back then #theatershooting

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

James Holmes Trial - Day 61 - Part 5

Croaker Queen

Published on Aug 5, 2015
The judge and attorneys go over jury instructions and verdict forms

https://www.youtube.com/watch?v=oVvIv-PWWyw&feature=youtu.be&a

Man armed with hatchet, pepper spray and airsoft gun killed by police at Tenn. theater (Video)

Published August 05, 2015  ·  FoxNews.com



A 29-year-old man armed with a hatchet, airsoft gun and pepper spray was killed by police Wednesday after he sprayed the toxic irritant inside a movie theater in suburban Nashville, Tenn. and  then tried to escape out a back door.

The man, identified as Vincente David Montano, originally had been thought to have a semi-automatic pistol when he fired at police responding to the scene. The airsoft gun makes a  noise that sounds like a pistol, police said.

Read more:

http://www.foxnews.com/us/2015/08/05/shots-reportedly-fired-at-tennessee-movie-theater/?intcmp=hpbt1

Scott Cohn ‏@ScottCohnTV  · 20h  
Caren Teves glares at James Holmes as she leaves witness stand. #theatershooting




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

A different death penalty case in Colorado ...

Denver’s First Death Penalty Case More Than A Decade Heads To The Jury

August 5, 2015 5:09 PM



DENVER (CBS4) – The jury now has the case against a man accused of killing five people inside a Denver bar during a botched robbery. The crime was covered up when the place was set on fire with the victims still inside.

Dexter Lewis, 25, remained without expression throughout his capital murder trial. The jury got the case late Wednesday afternoon. It’s a complicated case with the defense and prosecution painting the defendant in two very different lights.



Dexter Lewis in court on Wednesday (credit: CBS)

Lewis is accused of killing five people inside Fero’s Bar & Grill and then setting the building on fire. Prosecutors say Lewis and the other codefendants went to the bar to rob it but it turned into a brutal murder scene.

Read more:

http://denver.cbslocal.com/2015/08/05/denvers-first-death-penalty-case-more-than-a-decade-heads-to-the-jury/

KDVR FOX31 Denver ‏@KDVR · 8m
WATCH LIVE: Final instructions, closing arguments in Aurora #theatershooting http://link.kdvr.com/1Uq7yr2

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

Judge is changing some of the instructions.
He said it doesn't really change it but he just "likes it better..."

Manner of inflicting death is the statue.
Judge does not feel the word inflicting is needed.
He is using the word enforcing because he likes it better.
Said nothing in statue says he must use the word inflicting.

Dr. Jeffrey Metzner: Changed the wording to reinforce the limited testimony he gave.

"...in support of a death sentence..."
Changed : ...he shortened it as he felt it was too long of a sentence.
"May only now be considered for a limited purpose..."

Seems to me he is mitigating the sentencing by leaving out many references to the actual death sentences... Seems he wants them to deliberate, walk down the pathway, and then then, "Presto! It is a death sentence!!!"

http://kdvr.com/2015/08/06/watch-live-final-instructions-closing-arguments-in-aurora-theater-shooting-trial/

Better link:

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

Wow. Def wants the wording to be less negative but the judge will not bend. He wants the wording to be the jury CANNOT reach an agreement rather than the def's suggestion ...

It all started with the showing of Batman.
Opening scenes had a shoot out...
and in the theater, there was live gunfire.
Now, the State will close with a recording of the gunfire in the theater.

Does the armed apartment have anything to do with the deaths and injuries to the victims? Why introduce this ? It has nothing to do with the case. There were no victims at the location. State wants to argue it in front of the jury as showing JH's state of mind.

Marshall Zelinger @7Marshall · 5m
Ahead of this afternoon's #TheaterShooting closing arguments, @GeorgeBrauchler plans on playing 911 call with gun shots once more.

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

Re underlining the death of the child:
I would not allow it as being emphasized greater than the deaths of anyone else.
However, since JH's work at the youth camp was introduced, I would allow it as a counterbalance.

Def atty Brady:
It will be argued at a later date and sentenced separately on the apartment explosives.
Should not be introduced.
Double arguing of an issue.

Judge is discussing that evidence which has not been shared with the public.
State is asking for direction on suppressed evidence.
State and def will discuss this with judge prior to ruling.

Break for one hour until until 12:45 MST jury is brought in.

State is asking for court to release it from the "pretrial publicity" as he is already convicted. Wants the gag order removed once the sentencing is completed.

IMO, it should remain in effect until appeals.

Records' custodian for the county is one of the attys for the State.
He thinks def may have continued confidentiality in not releasing info but he needs the court to authorize a hearing prior to the info being released to media...

Def continues to object to any release of privileged and confidentiality.

Judge needs to look at the rules and regulations first.
Says if there is a procedure, he will follow it.

CORA is a statue of procedure for releasing of documents.
The judge holds a hearing and determines.

The second statue leaves it to the custodian of records, not a judge, to determine the disclosure of records.

He wants  clarity....specially on psychiatric records.

Caren Teves ‏@carenteves 3h3 hours ago

What I didn't get to say about my son #AlexTeves in #theatertrial impact testimony. http://bit.ly/actevesHero



https://twitter.com/hashtag/theatertrial

Here's the link referred to above:  http://act-foundation.org/who-is-alex-teves/

James Holmes Trial - Day 62 - Part 1

Croaker Queen

Published on Aug 6, 2015
Attorneys and Judge go over jury instructions for the last time.

https://www.youtube.com/watch?v=Hyn_53YQfd8&feature=youtu.be&a

Victims Conflicted Over Death Penalty for Theater Gunman

By THE ASSOCIATED PRESS
AUG. 6, 2015, 12:37 P.M. E.D.T.

CENTENNIAL, Colo. — Marcus Weaver spent nearly three years talking openly about forgiving the man who shot him, killed his friend and caused untold suffering. As a Christian opposed to capital punishment, he considered forgiveness "a no-brainer" and didn't want to see the gunman executed.

But by the time James Holmes was convicted in the chilling 2012 attack on a Colorado movie theater, Weaver had changed his mind about the punishment.

"I feel the sentence that he may get, which is the death penalty, is the only penalty that fits the crime that he committed that night," Weaver said, standing in front of the courthouse where he listened to the tragic and gruesome testimony of fellow moviegoers that ultimately spurred his change of heart.

Read more:

http://www.nytimes.com/aponline/2015/08/06/us/ap-us-colorado-shooting.html?_r=1

Theater Shooting Live Video Stream

Theater shooting trial day 63: Closing arguments for Phase 3

http://www.thedenverchannel.com/aurora-movie-theater-shooting/trial-live

------------------

THEATER SHOOTING TRIAL

LIVE VIDEO:

http://denver.cbslocal.com/aurora-theater-shooting-trial-live-updates/

-------------------

Watch Live: Aurora theater shooting trial live stream video

http://dptv.denverpost.com/2015/08/05/aurora-theater-shooting-trial-robert-sullivan-testifies-about-the-impact-of-the-shootings/

Marshall Zelinger @7Marshall · 4m
Heading inside #TheaterShooting trial courtroom for closing arguments. Final time before we go hear life or death verdict. #7NEWS

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

Alessandra_Deux wrote:Victims Conflicted Over Death Penalty for Theater Gunman

By THE ASSOCIATED PRESS
AUG. 6, 2015, 12:37 P.M. E.D.T.

CENTENNIAL, Colo. — Marcus Weaver spent nearly three years talking openly about forgiving the man who shot him, killed his friend and caused untold suffering. As a Christian opposed to capital punishment, he considered forgiveness "a no-brainer" and didn't want to see the gunman executed.

But by the time James Holmes was convicted in the chilling 2012 attack on a Colorado movie theater, Weaver had changed his mind about the punishment.

"I feel the sentence that he may get, which is the death penalty, is the only penalty that fits the crime that he committed that night," Weaver said, standing in front of the courthouse where he listened to the tragic and gruesome testimony of fellow moviegoers that ultimately spurred his change of heart.

Read more:

http://www.nytimes.com/aponline/2015/08/06/us/ap-us-colorado-shooting.html?_r=1

I would agree IF I believed JH acted willingly, alone, and was mentally aware of said actions.
I still do not believe the State has proven its case, however.
IMO, they have floated on the emotions of the case and failed to collect and use evidence to prosecute the case.
They have used the (pre)media reports and a few psychiatrists in addition to (conflicting) victim statements to try to have a jury convict JH.
The jury, itself, does not appear to be unbiased...

IMO, this case should have been moved out of the area, a jury should have been sequestered, and the def's requests for a different judge should have been granted. That is, IF the State really wanted a a fair and unbiased jury with little grounds for appeals.
This case is full of weaknesses the judge and the State have sloppily presented. But what the hey... the judge got his ego stroked and the Atty B got his free TV time for his run for governor...

Disappointed in Colorado. Reminds me of the book, The Oxbow Incident.

Here we go... looks like closing arguments are ready.
Jury coming in...

Dana Dieterle ‏@DanaDNews · 2m
Dana Dieterle retweeted Will C. Holden
Final jury instructions for the final phase of #theatershooting trial - about to be delivered by Judge Samour.

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

It took until almost the last day of the jury assignment for the judge to get it figured out how to start on time? Huh??? What is so cute about this? Is he that slow?

Nick Penzenstadler ‏@npenzenstadler  5m5 minutes ago
The jury is back in #theatershooting for closings.
45 each then instructions and deliberations begin this aft on death vs. life

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

Correction:
40 minutes each and then 25 for rebuttal, each side.

Kory Nelson ‏@KoryNParker · 2m
#theatershooting #TheaterTrial Aurora Theater Trial - Closing Arguments on Death v. Life Sentence to start momentarily. George Brauchler 1st

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

State is showing five lap tops open and "dancing"...
Defense has not a single lap top on a table....
Interesting the respect given to the court.

Larry Ryckman ‏@larryryckman · 4m
"You must assume that a death sentence will be carried out" if the jury votes for death, Judge Samour tells jurors. #theatershooting

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

Shelley Watson ‏@shelley_watson 7m7 minutes ago
@GeorgeBrauchler doesn't look very well. He can't sit still. I hope he's ok #theatershooting

Bldr PI ‏@pryneyes 4m4 minutes ago
@shelley_watson @GeorgeBrauchler Most important closing of his career; nerves.... & gearing up to go. He'll be GREAT!

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

Trial Lover ‏@TrialLovers 7m7 minutes ago
#theatershooting Still hard to believe that there is a Columbine survivor on the jury and foreman no less!!


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

Will C. Holden ‏@will_c_holden 25m25 minutes ago
#TheaterShooting Judge's jury instructions: "You should rely on memory as much as possible. Use notes only as tool to refresh your memory."

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

So essentially, the judge is stating the juror should try to avoid checking notes for facts, right?

Larry Ryckman ‏@larryryckman · 1m
Each sides gets 40 minutes for closing arguments, plus 20 minutes for rebuttal if they choose. #theatershooting

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

Judge is addressing the galley.
He said, so far, there have been no outbursts in his court room...

HUH? Female named Cave is doing 3 weeks for outburst!

One of the jurors is seated in another room...
She has a bad cough.

AD:
Is it allowed to separate jury members this way?

READ: Final sentencing sample verdict form in theater shooting trial
POSTED 2:05 PM, AUGUST 6, 2015,

http://kdvr.com/2015/08/06/read-final-sentencing-sample-verdict-form-in-theater-shooting-trial/

The Gold Patrol® ‏@thegoldpatrol · 2m
#theatershooting

Brauchler:

Through this door is horror, are bullets blood, brains, and bodies

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

Atty B:
State JH had 35 witnesses while State had 13...
Apparently, the State witnesses explaining the crime, the mental stability of the accused are not accounted for by the State; the State assigns those witnesses to the Defense!

The twisting starts.
The emotional impact words of using evil while pointing to the defendant.

Alex Stone ‏@astoneabcnews · 2m
Defense in CO #theatershooting trial object to DA's use of word evil in closing argument. Judge over rules objection.

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

Blond on the State table is checking a twitter page.
She looks as if she is readying to post some thing...
There was a comment section page that appeared....

Larry Ryckman ‏@larryryckman 7m7 minutes ago Longmont, CO
Juror 661, the one watching from another courtroom because of her cough, is an alternate juror. #theatershooting

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

JH is twisting a lot in the chair.
Any other setting, I would expect him to stand up and object to what is being said.
He appears agitated.

"You can not give them justice and you can not seek it. You can being justice to this act. And for JH, justice is death."

Closing by Atty B.

Atty Brady, def now speaking.
JH has stopped twisting in the chair.

Will C. Holden ‏@will_c_holden · 1m
In last sentence of his #theatershooting case, DA @GeorgeBrauchler calls Holmes by name for 1st time, saying "justice is death." Powerful.

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