Formal Sentencing - August 24 2015

[BUF]

http://www.thedenverchannel.com/new...-years-more-for-aurora-movie-theater-shooting

7NEWS checked Tuesday afternoon, but neither the Arapahoe County Jail nor the Department of Corrections could confirm when the killer would be moved into the prison system.

Samour dismissed the defendant to his fate saying, "Get the defendant out of my courtroom, please."

Caren Teves, mother of victim Alex Teves said, "The trial is over and that thing will never see the light of day again."

"He's going to die in prison and for us, that's enough," said Lonnie Phillips, stepfather of victim Jessica Ghawi.

 

[borndem]

The felon may serve his sentence in a different state? Does that mean California....easier for his parents? I am not sure about that first question I posted. Who makes the decision where he serves his sentence? This Judge or who?

Any Colorado lawyers on here that can answer this?

Of course IANAL, but in NC (so sorry to beat this drum again, folks), it is the state Department of Public Safety (formerly Dept. of Corrections). The prisoner is their responsibility, so they control it. I have no idea who would handle allowing a prisoner to be under the care & supervision of another state. Seems to me, it would take a fairly extreme set of circumstances to warrant this for a LWOP. When I have done research on this or that person who has been arrested, named a POI, or just in headlines for some crime, I always look to see if there is already a record for that person. I have seen a few prisoners who are noted to be held for another state, but I have never come across one with truly serious offenses. Often it's B&E or larceny or such. FWIW.

 

[MissHaley]

Good People!

Rich Orman ‏@RichOrman [video=twitter;636624727058984960]https://twitter.com/RichOrman/status/636624727058984960[/video] (Most of) the trial team out for a post-sentencing lunch. #theatershooting

 

[Maisiebelle]

www.twitter.com/RichOrman


Sent from my iPhone using Tapatalk

 

[MsJosie]

Of course IANAL, but in NC (so sorry to beat this drum again, folks), it is the state Department of Public Safety (formerly Dept. of Corrections). The prisoner is their responsibility, so they control it. I have no idea who would handle allowing a prisoner to be under the care & supervision of another state. Seems to me, it would take a fairly extreme set of circumstances to warrant this for a LWOP. When I have done research on this or that person who has been arrested, named a POI, or just in headlines for some crime, I always look to see if there is already a record for that person. I have seen a few prisoners who are noted to be held for another state, but I have never come across one with truly serious offenses. Often it's B&E or larceny or such. FWIW.

I agree. Maybe his new 'number name' will be released and maybe we can check in from time to time to 'see' where he is living. I just cannot imagine him being moved to another state, but why would the Judge 'throw' that statement out there.

WS members never miss much and we always ask questions!

 

[Maisiebelle]

I wonder what was going through his mind here. He looks like he is smiling. Maybe he was trying to show the cheering gallery that they weren't affecting him?

www.dailymail.co.uk


Sent from my iPhone using Tapatalk

 

[MsJosie]

This is where the felon will start and possibly end up...

I found an article dated Aug, 7, 2015, from ABC 7 News Denver, titled
James Holmes is a likely candidate for a state prison treatment program for mentally ill inmates, by Alan Gathright.

This explains the inprocessing, where he will go, and it does not appear he will be in a prison like we understand a prison. He may even get to pet a therapy dog....do not get me started on that. Those poor dogs.

The murdered victims will never get to pet a dog...

Hope you can get the link...if not I did give the correct article title, name, and site for it.

http://www.thedenverchannel.com/new...on-treatment-program-for-mentally-ill-inmates

 

[BUF]

No, they were today after sentencing. Just no news channels covered it live.
Brandon Rittiman ‏@BrandonRittiman [video=twitter;636592437763248128]https://twitter.com/BrandonRittiman/status/636592437763248128[/video] Now: victims react to the end of #TheaterTrial. That's John Larimer's dad.

I found one with Mr. Sullivan. Looks like from that area.

http://dptv.denverpost.com/2015/08/...tim-alex-sullivan-reacts-to-maximum-sentence/

 

[Avaynia]

I've lurked for a while without saying anything. It's been an interesting journey to say the least.

I live in Aurora. Century was my theater. Midnight premieres is something my friends and I loved to do. We even went to the midnight showing of The Dark Knight, but a last minute snafu resulted in us switching to a theater downtown instead. Missing that horrible event was nothing more than a fluke for me. After we got out of the movie, we saw that a friend had tried calling us, and we called her back. She then preceded to tell us what happened while we drove home. I knew a lot of people in the theater that night. Dozens. Some of whom I went to elementary, middle and high school with, or a variation of the three. We got lucky, if you can call it that, because we only lost one of them. AJ Boik was my friend. We went to school together, we were in the performing arts together. He was... the epitome of fun and spirit and compassion. The last time I saw him was a couple of weeks before it happened, at Drums Along the Rockies, and it was raining and he and Lasamoa snuck up on me and the group of friends I was with. And we talked and laughed and complained about the rain. And then we hugged and said goodbye. Our last goodbye.

It's been interesting to read all of the commentary from people who weren't involved. I remember right when we found out AJ didn't make it, we were at the school by the band room doors, as was habit for us all, and someone tried to take our picture. And we were all livid. We'd just endured this insane tragedy and people wanted our picture for ratings on their news shows. We understood that people wanted and needed to know what happened, but, God, more than anything we wanted them to leave us alone. It felt like we were just some freak show. And then eventually everyone packed up and moved on, but we were still left with what happened. We will be left with it forever.

I've been following this trial obsessively. I watched and read everything I could find, I lurked here. I have been to the movies since then. I have even been to midnight premieres, and my friends and I even went to rewatch TDR itself at one point. But it is different now. I got PTSD from the event, and I still have it. Horrible nightmares, bouts of agoraphobia and extreme paranoia. Curled up under your desk in the midst of a panic attack, depression so severe you can't get out of bed to even go sit on the couch all day. You do learn to look for exits, to keep your purse on, and have your keys in your hand. You do jump when someone closes a door, or drops something, or begins to cheer. You watch everyone, sometimes to the point where you miss the event you wanted to attend. Nothing is safe. It's no way to live.

But here we are, and he's finally been sentenced. I don't really know how to feel about it. I think he should be dead. Not necessarily executed, mind you, but dead. He never should have made it to his trial. I understand the criticism the other victims have voiced. His parents laughing. His fangirls. His defense team BS. They get to visit him now, for the rest of his life. Meanwhile, me and the hundreds of others will get to visit graves. I want him to get what's coming to him in prison, in every conceivable way. Instead he'll get gifts from his groupies, see his parents whenever, watch some TV, possibly get married to one of those psychos one day, whatever. He'll live. Meanwhile, AJ and those eleven others are dead.

AJ was a good person. He should still be here. AJ and Lasamoa were supposed to get married. Now they can't. I want that thing dead. This doesn't feel like justice.

 

[Jinkasaurus]

I found it interesting that today the judge made many of the same comments I did in my post on 8-12 regarding DP, LWOP, etc.

http://www.websleuths.com/forums/sh...Penalty-Phase*-4-LWOP&p=11996618#post11996618

Maybe he was lurking this forum!!

 

[Amster]

I don't think the judge should lecture the victims about how they feel.....and, the planted juror should have been forced to listen to these victims. But, no, she's protected and celebrated and coddled. Beyond reproach! Makes me sick.

 

[Amster]

I found it interesting that today the judge made many of the same comments I did in my post on 8-12 regarding DP, LWOP, etc.

http://www.websleuths.com/forums/sh...Penalty-Phase*-4-LWOP&p=11996618#post11996618

Maybe he was lurking this forum!!

Perhaps we can give the victims the respect and right to feel however they want. For them to decide what they wanted....not some legalese, moral judgement. Lose a loved one to murder then remark on what "is best" for you.

 

[Spellbound]

Avayna, thank you for sharing here. I am so sorry about your friend AJ, and so saddened that you had to encounter such tragedy and grief. :grouphug:

 

[cujenn81]

In regards to who determines where he will serve his sentence...

Evidently, the BOP makes the decision...

The Bureau attempts to designate inmates to facilities commensurate with their security and program needs within a 500-mile radius of their release residence. If an inmate is placed at an institution that is more than 500 miles from his/her release residence, generally, it is due to specific security, programming, or population concerns. The same criteria apply when making decisions for both initial designation and re-designation for transfer to a new facility.

Inmates are designated/re-designated to institutions based on:

the level of security and staff supervision the inmate requires,
the level of security and staff supervision the institution provides,
the medical classification care level of the inmate and the care level of the institution,
the inmate's program needs (e.g., substance abuse treatment, educational/vocational training, individual and/or group counseling, medical/mental health treatment), and
various administrative factors (e.g., institution bed space capacity; the inmate's release residence; judicial recommendations; separation needs; and security measures needed to ensure protection of victims, witnesses, and the general public).

http://www.bop.gov/inmates/custody_and_care/designations.jsp

ETA: I guess this really only applies if he will be in a federal prison... and I assume he will be BUT I could be completely wrong about that because I don't really understand the differences between federal and state.

ETA (again): Apparently it IS considered federal court... Arapaho is a branch of the U.S. 18th Judicial Court District.

 

[zoey]

I've lurked for a while without saying anything. It's been an interesting journey to say the least.

I live in Aurora. Century was my theater. Midnight premieres is something my friends and I loved to do. We even went to the midnight showing of The Dark Knight, but a last minute snafu resulted in us switching to a theater downtown instead. Missing that horrible event was nothing more than a fluke for me. After we got out of the movie, we saw that a friend had tried calling us, and we called her back. She then preceded to tell us what happened while we drove home. I knew a lot of people in the theater that night. Dozens. Some of whom I went to elementary, middle and high school with, or a variation of the three. We got lucky, if you can call it that, because we only lost one of them. AJ Boik was my friend. We went to school together, we were in the performing arts together. He was... the epitome of fun and spirit and compassion. The last time I saw him was a couple of weeks before it happened, at Drums Along the Rockies, and it was raining and he and Lasamoa snuck up on me and the group of friends I was with. And we talked and laughed and complained about the rain. And then we hugged and said goodbye. Our last goodbye.

It's been interesting to read all of the commentary from people who weren't involved. I remember right when we found out AJ didn't make it, we were at the school by the band room doors, as was habit for us all, and someone tried to take our picture. And we were all livid. We'd just endured this insane tragedy and people wanted our picture for ratings on their news shows. We understood that people wanted and needed to know what happened, but, God, more than anything we wanted them to leave us alone. It felt like we were just some freak show. And then eventually everyone packed up and moved on, but we were still left with what happened. We will be left with it forever.

I've been following this trial obsessively. I watched and read everything I could find, I lurked here. I have been to the movies since then. I have even been to midnight premieres, and my friends and I even went to rewatch TDR itself at one point. But it is different now. I got PTSD from the event, and I still have it. Horrible nightmares, bouts of agoraphobia and extreme paranoia. Curled up under your desk in the midst of a panic attack, depression so severe you can't get out of bed to even go sit on the couch all day. You do learn to look for exits, to keep your purse on, and have your keys in your hand. You do jump when someone closes a door, or drops something, or begins to cheer. You watch everyone, sometimes to the point where you miss the event you wanted to attend. Nothing is safe. It's no way to live.

But here we are, and he's finally been sentenced. I don't really know how to feel about it. I think he should be dead. Not necessarily executed, mind you, but dead. He never should have made it to his trial. I understand the criticism the other victims have voiced. His parents laughing. His fangirls. His defense team BS. They get to visit him now, for the rest of his life. Meanwhile, me and the hundreds of others will get to visit graves. I want him to get what's coming to him in prison, in every conceivable way. Instead he'll get gifts from his groupies, see his parents whenever, watch some TV, possibly get married to one of those psychos one day, whatever. He'll live. Meanwhile, AJ and those eleven others are dead.

AJ was a good person. He should still be here. AJ and Lasamoa were supposed to get married. Now they can't. I want that thing dead. This doesn't feel like justice.

God bless you sending you hugs!!! What a horrific event and thank you for sharing. This s a horrific crime and am so tired of hearing about additional murders--virginia this morning and Louisiana this afternoon. So very sad

 

[zoey]

In regards to who determines where he will serve his sentence...

Evidently, the BOP makes the decision...

The Bureau attempts to designate inmates to facilities commensurate with their security and program needs within a 500-mile radius of their release residence. If an inmate is placed at an institution that is more than 500 miles from his/her release residence, generally, it is due to specific security, programming, or population concerns. The same criteria apply when making decisions for both initial designation and re-designation for transfer to a new facility.

Inmates are designated/re-designated to institutions based on:

the level of security and staff supervision the inmate requires,
the level of security and staff supervision the institution provides,
the medical classification care level of the inmate and the care level of the institution,
the inmate's program needs (e.g., substance abuse treatment, educational/vocational training, individual and/or group counseling, medical/mental health treatment), and
various administrative factors (e.g., institution bed space capacity; the inmate's release residence; judicial recommendations; separation needs; and security measures needed to ensure protection of victims, witnesses, and the general public).

http://www.bop.gov/inmates/custody_and_care/designations.jsp

ETA: I guess this really only applies if he will be in a federal prison... and I assume he will be BUT I could be completely wrong about that because I don't really understand the differences between federal and state.

ETA (again): Apparently it IS considered federal court... Arapaho is a branch of the U.S. 18th Judicial Court District.

But they don't allow cameras in federal court

 

[atthelake]

I've lurked for a while without saying anything. It's been an interesting journey to say the least.

I live in Aurora. Century was my theater. Midnight premieres is something my friends and I loved to do. We even went to the midnight showing of The Dark Knight, but a last minute snafu resulted in us switching to a theater downtown instead. Missing that horrible event was nothing more than a fluke for me. After we got out of the movie, we saw that a friend had tried calling us, and we called her back. She then preceded to tell us what happened while we drove home. I knew a lot of people in the theater that night. Dozens. Some of whom I went to elementary, middle and high school with, or a variation of the three. We got lucky, if you can call it that, because we only lost one of them. AJ Boik was my friend. We went to school together, we were in the performing arts together. He was... the epitome of fun and spirit and compassion. The last time I saw him was a couple of weeks before it happened, at Drums Along the Rockies, and it was raining and he and Lasamoa snuck up on me and the group of friends I was with. And we talked and laughed and complained about the rain. And then we hugged and said goodbye. Our last goodbye.

It's been interesting to read all of the commentary from people who weren't involved. I remember right when we found out AJ didn't make it, we were at the school by the band room doors, as was habit for us all, and someone tried to take our picture. And we were all livid. We'd just endured this insane tragedy and people wanted our picture for ratings on their news shows. We understood that people wanted and needed to know what happened, but, God, more than anything we wanted them to leave us alone. It felt like we were just some freak show. And then eventually everyone packed up and moved on, but we were still left with what happened. We will be left with it forever.

I've been following this trial obsessively. I watched and read everything I could find, I lurked here. I have been to the movies since then. I have even been to midnight premieres, and my friends and I even went to rewatch TDR itself at one point. But it is different now. I got PTSD from the event, and I still have it. Horrible nightmares, bouts of agoraphobia and extreme paranoia. Curled up under your desk in the midst of a panic attack, depression so severe you can't get out of bed to even go sit on the couch all day. You do learn to look for exits, to keep your purse on, and have your keys in your hand. You do jump when someone closes a door, or drops something, or begins to cheer. You watch everyone, sometimes to the point where you miss the event you wanted to attend. Nothing is safe. It's no way to live.

But here we are, and he's finally been sentenced. I don't really know how to feel about it. I think he should be dead. Not necessarily executed, mind you, but dead. He never should have made it to his trial. I understand the criticism the other victims have voiced. His parents laughing. His fangirls. His defense team BS. They get to visit him now, for the rest of his life. Meanwhile, me and the hundreds of others will get to visit graves. I want him to get what's coming to him in prison, in every conceivable way. Instead he'll get gifts from his groupies, see his parents whenever, watch some TV, possibly get married to one of those psychos one day, whatever. He'll live. Meanwhile, AJ and those eleven others are dead.

AJ was a good person. He should still be here. AJ and Lasamoa were supposed to get married. Now they can't. I want that thing dead. This doesn't feel like justice.

:bump:

Such eloquent words were spoken for him

 

[sumzero]

Just a couple of thoughts.

Like many others, I thought Judge Samour did a fabulous job. In fact, I don't think I've ever seen anyone do a better job in a high-profile case. That said, I disagree with part of his defense of the judicial process. To those who thought the defendant deserved a harsher sentence, the judge cited something Ashley Moser said. She thought justice would involve doing to the defendant what he did to her. The judge said we're better than that as a society. I think he was wrong to use this extreme example to make his point. Not everyone who thinks the defendant deserved a harsher sentence wanted to subject him to a lifetime of torturous pain and humiliation. A needle in the arm would have been enough. The judge also cited (disapprovingly) the "eye for an eye" principle. As I understand it, this principle is about ensuring that the punishment fits the crime. Not too harsh, not too lenient. If someone kills your ox, you don't get to go and kill that person's son. Instead, the perpetrator might be required to give you an ox of his own to replace the one he killed. Something like that. (At least that's how I understand it.) So, I think the judge was disingenuous with that argument. To many, LWOP falls far short of justice when you murder 12 people in cold blood and injure dozens more, leaving hundreds of survivors to deal with a lifetime of pain.

I also had a little problem with Judge Samour's comments about prison life. He said he's never seen anyone willingly sign up to go to prison. This remark was kind of flippant. Nobody argued that prison would be a piece of cake. The argument was that LWOP would make life easier for the defendant than getting the death penalty. The defendant will definitely enjoy more privileges. Sure, neither sentence would be something we'd want for ourselves. But one would definitely be better than the other (if we were forced to choose). That's the argument that the judge seemed to dismiss cavalierly. Even though he could do nothing about it, he could've been more understanding toward those who believe the defendant will receive too many privileges in prison.

That's how I look at it, FWIW.

 

[cujenn81]

But they don't allow cameras in federal court

I did a bit more research and found this article...

http://abcnews.go.com/US/wireStory/judge-set-sentence-colorado-theater-shooter-life-33322802

"Colorado prisons officials will determine where Holmes will be incarcerated after an evaluation that includes his mental health.

Holmes, who has been diagnosed with varying forms of schizophrenia, could wind up in the corrections department's mental hospital, the 250-bed San Carlos Correctional Facility in Pueblo. He also could be transferred to an out-of-state prison."

 

[MsJosie]

There are appear to be several different items of informations on where and how the felon will be processed and where the felon will go. Here is the link I posted earlier from Colorado News 7 and I phrased some info that pertain to the felon's possible immediate future for those who cannot get to the link...please read the link for the entire story.

Media may post the information as they find it and then we will know for sure where the felon goes.

http://www.thedenverchannel.com/new...on-treatment-program-for-mentally-ill-inmates


DENVER 7 reported ....James Holmes will go from Arapahoe County Jail to the Denver Reception and Diagnostic Center, at 1900 Smith Road. It is where all offenders start the journey into Colorado Department of Corrections. Inmates get a 'uniform and ID card, diagnostic evaluation, medical, dental, mental health assessments, also academic and vocational testing also a security-level recommendation'.

The findings from the above will determine what prison an inmate will go to

Those inmates with mental issues can be sent to the 'Residential Treatment Program for mentally ill offenders', the CO prison's main prison for these types of inmates. It is near Cañon City.

"The Centennial facility's mental health program is part of a reform effort by DOC."

The article said therapy dogs are used to help 'severely mentally ill prisoners to relieve stress and come out of their reclusive shells'

MODS I did not copy and paste the entire article...if I did I used double quotes, I used single quotes if I used most but not all of the words, changing some. I para-phrased the article. If I did wrong...please let me know, delete or change. I did link the post like I did in my previous post a few pages back.

May the start of some sort of peace begin to the victims, family and friends....