CO - James Holmes Trial - *Penalty Phase* #3

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@larryryckman: JH didn't talk about being sad after his grandmother's death, but Arlene says he looked sad at gravesite.





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Laughing in court because they played poker with Monopoly money.


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The questions do not flow very well from the defense side. It takes them more time to get them out.

Also Mrs. Holmes is a slow speaker in the court room, but not on the video tape/clips we are seeing. She is being very careful in speaking.

I agree, but can't really blame the Mom for speaking carefully or being nervous while testifying - it can't be easy for her. It had to take courage to take the stand, knowing she can be cross examined, and what's at stake for JH.
I still don't think any of this mitigates anything, but I don't know if I could do as well if I were in her shoes. I suspect the defense believes the longer they keep her on the stand, the harder it will be for the jury to vote DP, IMO
 
This showing him playing games, he always won and the uncle says "one point".... makes me think one point per victim.
 
@thegoldpatrol: #theatershooting

They’re now talking about JH and his sister’s relationship. They’re almost 5 years apart.


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Mitigation is normally would be about mental health issues and usually a bad childhood & with neglect, abuse, etc. Compared to aggravators. So, this story by the defense is that he had a wonderful childhood & want for nothing. Defense presents that a wonderful childhood is mitigation?
 
I don't think GB is going to cross the mom. I think it is one of the female attorneys. I cannot tell from the back who is who as they both have long blonde hair, but the defense always gives the documents/pictures to the one State female attorney that is sitting by the aisle.

I sure hope we finish with this witness today. I wish we could get feed back on how the Jury is reacting to all this.
 
@larryryckman: Sometimes, JH's younger sister, Chris, "was in the way" when they were younger and he was trying to play, Arlene says.

@larryryckman: Arlene: "Chris was insistent that Jim would play. ... Chris kept at it, wouldn't leave him alone."


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I don't think GB is going to cross the mom. I think it is one of the female attorneys. I cannot tell from the back who is who as they both have long blonde hair, but the defense always gives the documents/pictures to the one State female attorney that is sitting by the aisle.

I sure hope we finish with this witness today. I wish we could get feed back on how the Jury is reacting to all this.

It's Karen Pearson. I think she will cross.


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Back to relationship with sister. I wonder if DT is trying to lay groundwork for something the Prosecution may be presenting in Aggravation Phase?
 
This showing him playing games, he always won and the uncle says "one point".... makes me think one point per victim.

Good point - maybe the jury is thinking the same thing - Especially with all the giggling, and Higgs' questions trying to keep it light - seems inappropriate, IMO
 
@larryryckman: Defense having technical issues with the latest home video. Audio only. #theatershooting

Ah well. Let's move on!


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I agree, but can't really blame the Mom for speaking carefully or being nervous while testifying - it can't be easy for her. It had to take courage to take the stand, knowing she can be cross examined, and what's at stake for JH.
I still don't think any of this mitigates anything, but I don't know if I could do as well if I were in her shoes. I suspect the defense believes the longer they keep her on the stand, the harder it will be for the jury to vote DP, IMO

I am not blaming the mom, I just noticed she is a slow speaker in the court vs. the videos. If anyone has had to testify in any type of court, it is very nerve wracking. A murder trial even more so.

As for the defense, they need to prepare the questions better...or refer to their notes with the questions they wish to ask.

I agree none of this is for mitigating. Mom also seems to add a lot more then just what is asked. I keep hearing Mr. Martinez saying, "yes or no'' ''did I ask you that". This is part of what is taking so long....the added on to the answers.
 
Back to relationship with sister. I wonder if DT is trying to lay groundwork for something the Prosecution may be presenting in Aggravation Phase?

There is something about this brother sister relationship that they keep pounding and I agree and the big deal about them staying in the same room...there is something coming...there has to be this is not mitigation unless it is to mitigate something coming for the state
 
@larryryckman: Arlene: "Certainly siblings have times they don't get along. I'm well aware of that."

@larryryckman: Chris was particularly insistent that she be allowed to practice basketball without his sister in the way, Arlene says.

@larryryckman: Her kids went their separate ways as teens, Arlene says. In college, "They didn't call each all the time" or email.

https://twitter.com/larryryckman


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Back to relationship with sister. I wonder if DT is trying to lay groundwork for something the Prosecution may be presenting in Aggravation Phase?

yes, Higgs is really pushing it now. Did you hear Higgs say 'did you see the prosecution did not cross your daughter'.
 
what allegations are they referring to?
 
I cannot imagine what it would be like to be a parent of a child who commits a horrific crime. Its got to be a very lonely experience.

And as a friend of the Holmes, how do you greet them at the grocery store or in the mall, etc.? And as the Holmes, do you wonder what your friends are thinking? I just can't imagine. It's got to be very tuff for all concerned.
 
@larryryckman: Higgs asks Arlene whether she was ever concerned about whether her kids loved each other. "I never worried about that."

@larryryckman: Arlene says her daughter is very concerned about JH today: "She is always wondering how he is."




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