CO - James Holmes Trial Discussion - Begins April 27, 2015 #12

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I know this was asked long time ago nod answered but I do not remember the answer. IF JH is sent to a mental institution, then declared 'well', knowing he has said he did murder these people, would he be sent to prison to serve time or does he walk free?

This is from a recent article/video from 9news:

A person found to be NGRI is immediately remanded to the Department of Human Services (The Colorado Mental Health Institute at Pueblo, or CMHIP, or 'Sim-Hip') for treatment. The person can be kept at Pueblo indefinitely (anywhere from one day to the rest of his life).

The defendant must have a release hearing when the hospital's opinion is that he is no longer a danger to himself, others, or the community for the foreseeable future (C.R.S. § 16-8-116). He must also be capable from distinguishing right from wrong and have the capacity to live in such a way that he is not breaking the law—he must be able to conform his behavior to the requirements of the law (C.R.S. § 16-8-120(3)). This is known as the "test of eligibility for release."

http://www.9news.com/story/news/2015/04/26/not-guilty-by-reason-of-insanity-legal-precedent/26423245/
 
This is about the testimony about the attendance of JH at that gym in which the person testifying is not the original person Pros. thought was going to testify...of course def. jumped up and down because they didn't get this information in timely fashion so should be excluded..LOL They got it 3 months ago...So why didn't they address it 3 months ago?? Also this information generally was spoken about by their client during Dr. Reids interview..about going to gym 2-4 times aweek...so it's not some brand new information!!

I thinkt he defense is stalling and they've had plenty of time as well. However, I know they are not allowed to consider anything JH said in the Reid interview videos as a fact or as an accurate timeline. So the defense hasn't admitted that JH went to the gym then.
 
The DT basically said.. "We don't want this victim to feel or show any kind of emotion on that stand" What an impossible thing to ask of a woman who lost her child and her child to be.
I find myself feeling disgusted with this DT.
 
Objecting to testimony that they had to remove the upper part of one of Ms Moser's lungs and she still has to use oxygen at night.


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It will be allowed..simply because it's CAUSE and AFFECT of actions by Their Client.. No other reason required to bring into evidence...It's been done throughout the trial..Injuries..and lasting direct affects including surgeries and deficits ( longterm issues)..!!
 
The judge had repeatedly stated that JH is entitled to a fair trial NOT a sanitised trial. I absolutely believe that the jury needs to have ALL the facts. Not just a basic version of the events. What JH did was atrocious. He murdered and injured so many people. How dare his defence team try to clean up his mess!


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I may not be able to watch the testimony tomm.. but, I will catch up with the tweets.
Thanks for the Tweets.. today and everyday.:grouphug:
 
I thinkt he defense is stalling and they've had plenty of time as well. However, I know they are not allowed to consider anything JH said in the Reid interview videos as a fact or as an accurate timeline. So the defense hasn't admitted that JH went to the gym then.

I'm sorry what is the significance of the gym?
 
I may not be able to watch the testimony tomm.. but, I will catch up with the tweets.
Thanks for the Tweets.. today and everyday.:grouphug:

Its interesting how tweets tend to slow down for defense
 
I'm sorry what is the significance of the gym?
It
s just further evidence that Jh was conducting normal behaviour prior to his "Mission"..The date's will tell the jury a lot..surround when He stopped and dates of when he stopped or decreased his usage..Just going towards "Normal Behaviour" I have no idea when his final day of workout was..But willing to bet it was pretty close to his Mission directly affecting hundreds++++++

Course the usual Def. objections>> Cumulative..irrelevant ..etc etc...
 
I'm sorry what is the significance of the gym?
Sorry, was catching up on post from today. As far as I understand it, the defense doesn't want any records that show he was still continuing his usual activities of daily living, such as going to the gym 2-3 times a week, and not in the midst of a psychotic break.
 
Objecting to testimony that Ms Moser had to stay at a rehabilitation centre from August 2012 to December 2013.

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What this woman has been through is unbelievable and the defense really seems like they are way out of line trying to rewrite history and pretend he never killed this girl. Good luck to them trying to make the murder of a child witnessed by her mother something that can be told without emotions.

The entire defense team comes across to me as just a fumbling, unprofessional group of idiots. I want to high five the judge every time he puts them in their place about their ridicuous objections or instructs them on basic courtroom etiquette.
 
I agree--he may have raised red flags but nothing anyone could do. He planned mental defense

If he planned a mental defense, he did a pretty crappy job of it.

On a side note, I have to say this. I feel so bad for his parents and what their life has turned into because of their son's evil actions, but after finding out that his psychiatrist personally reached out to his mother to ask about his odd behavior and homicidal thoughts, it is mind boggling to me that she was not alarmed enough to see it as a red flag herself. She knows mental illness runs in her family, on both parental sides and she is a nurse herself. I'm not sure where he was keeping all these weapons or if anything would have been visible in his apartment until right until the murder, but I sure wish an anonymous call had been made by someone to the landlord or police to encourage some sort of wellness check at his residence.

When someone says they are suicidal, part of the typical line of questioning by nurses/doctors includes asking them whether or not they have access to guns or other possible lethal means of harming themselves. And asking the family, if available, if they have access to any of these things. It sounds like Dr. Feinstein did try to ask about these things and just wasn't given substantial enough answers.
 
The more objections by the defense, the more frustrated I become, the more I'm despising the defendant. Direct correlation. I had empathy for the defendant's mental illness originally, but the defense attorneys are destroying that. I believe they are blowing it for their client. The defense attorneys' interruptions of JH's victims is infuriating. They should sit respectfully and let them tell their story. Then the defense will have their turn to present their case next and they can focus on the mental illness.
 
The problem is that there are thousands of people out there who appear like JH did when they meet with psychiatrists and other mental health providers. And only the tiniest percentage of them ever go on to do something like this.

No one expects people like JH or Elliott Rodgers or Adam Lanza or Kip Kinkel or the Colombine killers to do what they did. And there is a good reason for that - the odds that someone will do such a thing is infinitesimal. It would be odd if we walked around thinking that people we know might commit mass murder.

Looking at each of these killers after the fact, we see the signs and they look like red flags. But that is only with 20/20 hindsight. It all looks so clear in retrospect, but what family would ever think their child is going to go on a shooting rampage?

JH's family did not have any guns, nor does it sound like they had any reason to think their son would ever have a gun. Nor did he have a history of violence.

The confounding issue with these types of shooters is that prior to the shooting, most of them don't look that much different than many other people their age who have depression, social anxiety, etc. It isn't until they find a way to commit a shooting that they suddenly start to look different.

I personally cannot imagine that his parents would do nothing if they had any real sense that there could be something seriously wrong with JH. I mean, he was always socially awkward, and now he was in grad school. They probably thought that he was going to turn things around - similar to how Elliott Rodgers parents thought that about him going to school in Santa Barbara. They never had an inkling that he could be capable of something like this. For them to make the leap that he had expressed thoughts about "hating people" to him being an actual threat to others... I am not surprised they didn't.

Now, with all that... here is what I will say. Given that we are learning about how these shooters operate (sadly as more and more of these incidents occur)...I do think that families with young males who are presenting with these sorts of issues should start to consider that its possible that their child could do such a thing. Incredibly unlikely and rare, but possible. And if they have a child with clear social or mental health problems, they do need to make sure that child does not have access to guns.

In the case of Adam Lanza, his own family provided him with those guns. Same with Kip Kinkel. But Elliott Rodgers bought them without his parents' knowledge, as did JH.

When these kids are a bit older, out of the house, and have some independence, and access to some money, that is when it gets more difficult.

I wonder what would have happened if during the time he was amassing weapons if his parents had decided to drop in for a visit. For some reason, I can see JH telling them that he is just too busy with studying for exams, and turning them away.

Anyway, there are some interesting documents about Kip Kinkel you can read here: http://www.pbs.org/wgbh/pages/frontline/shows/kinkel/kip/ - it has the information about the counseling he was getting for anger problems - you can read the case notes from the psychologist who was treating him prior to the shooting here: http://www.pbs.org/wgbh/pages/frontline/shows/kinkel/trial/hnotes.html
 
Sorry, was catching up on post from today. As far as I understand it, the defense doesn't want any records that show he was still continuing his usual activities of daily living, such as going to the gym 2-3 times a week, and not in the midst of a psychotic break.

Thank you! I was thinking that but the way they keep bringing it up I thought perhaps I was missing more than what was already out there----
 
John Ingold ‏@johningold · 3m3 minutes ago
Day 33 of the Aurora #theatershooting trial: A reminder of the heartache mass shootings bring. Via @jsteffendp http://www.denverpost.com/theater-s...ses-fifth-juror-aurora-theater-shooting-trial …

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-----------Jen's Trial Diaries ‏@TrialDiariesJ · 23m23 minutes ago
Watch #theatershooting trial live at 8:40am MST here! Trial LiveStream Links | The Trial Diaries
http://thetrialdiaries.com/trial-livestream-links/ … #theatertrial

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Phil Tenser ‏@pstenser · 3h3 hours ago

Phil Tenser retweeted 7NEWS Denver Channel
#ICYMI debate about upcoming testimony was very interesting. Prosecution has 2 days left. #theatershooting

---------------------------------------------
Phil Tenser ‏@pstenser · 3h3 hours ago
 
Larry Ryckman ‏@larryryckman · 12h12 hours ago
Defense seeks to block some of mother's heart-breaking testimony in Aurora #theatershooting trial. @jsteffendp http://dpo.st/1fho2mb
 
7NEWS Denver Channel ‏@DenverChannel · 1m1 minute ago
#TheaterShooting Trial Day 34: Full Google chat records between the gunman & friend Ben Garcia to be released.
WATCH: http://bit.ly/theatertrial

Anica Padilla ‏@AnicaPadilla · 1m1 minute ago
#TheaterShooting Trial Day 34: Full Google chat records between the gunman & friend Ben Garcia to be released. bbm
WATCH: http://bit.ly/theatertrial
 
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