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

[BUF]

No. And that is what we kept posting about since Friday. "How is this mitigation". You should repost this tomorrow. I kept saying the neighbors, classmates, baby pics are for the sentencing phase, not mitigation. They did not present a proper mitigation case & I don't know why.

This is the weirdest mitigation that I have ever seen.

 

[atthelake]

This is the weirdest mitigation that I have ever seen.

Yeah ....even Jodi didn't have her parents testify during mitigation ..

 

[borndem]

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

Hmmmm, now there's a thought, Chelly. Could be, could be. Makes me wonder...

 

[borndem]

@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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And why is Chris struggling so in college? Is there anything to that? Problems?

 

[borndem]

She seems to be looking at Ms Higgs. Unlike her husband earlier who was interacting with the shooter.


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It may be that AH is afraid she will break down if she looks at him -- she's already emotional -- who wouldn't be?

 

[MissHaley]

I'm not sure what happens if there is no phase 3.....

That means that now, in phase 2, the jury agreed that the defense presented mitigation that outweighed the aggravators. Then he will get LWOP. The trial stops, no sentencing phase 3.

 

[Amster]

That means that now, in phase 2, the jury agreed that the defense presented mitigation that outweighed the aggravators. Then he will get LWOP. The trial stops, no sentencing phase 3.

Thanks.....so, no reason for victim impact statements, right?

 

[LyndyLoo]

Rob McCallum ‏@rwmccallum 1m1 minute ago
Judge Samour is giving the parties a little time to review the latest jury instructions. He will take the bench shortly #theatershooting

 

[Maisiebelle]

Thanks.....so, no reason for victim impact statements, right?

No but the judge said he will still let the victims address the court.


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[Maisiebelle]

I found this article which discusses the sentencing phases.

Interesting points on mitigation:

"Mitigating factors under Colorado law that could be included in this case are:

The defendant's capacity to appreciate wrongfulness of the defendant's conduct or to conform the defendant's conduct to the requirements of law was significantly impaired, but not so impaired as to constitute a defense to prosecution
The defendant was under unusual and substantial duress, although not such duress as to constitute a defense to prosecution; or
The emotional state of the defendant at the time the crime was committed
The absence of any significant prior conviction
The extent of the defendant's cooperation with law enforcement officers or agencies and with the office of the prosecuting district attorney
The good faith, although mistaken, belief by the defendant that circumstances existed which constituted a moral justification for the defendant's conduct
The defendant is not a continuing threat to society
Any other evidence which in the court's opinion bears on the question of mitigation.

After hearing those presentations, the jury needs to deliberate again to decide if the mitigating factors outweigh the aggravating factors. If they do not, the case will move to the third phase.

In that third and final phase, the jury will be asked to judge the defendant's character against his crime. They need to decide if the prosecution has proven beyond a reasonable doubt if the death penalty is the appropriate penalty.

If at any point in the process the jury decides not to move to the next phase, the gunman would be sentenced to life imprisonment without the possibility of parole. Also, the vote must be unanimous to deliver a death sentence.

All of the 12 jurors and seven alternates will continue to be in court for the next phase."

http://www.thedenverchannel.com/new...se-begins-for-convicted-murderer-james-holmes


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Just posting this again. There was nothing from that list addressed by the defence. The only thing that is mitigation is the shooter having no previous convictions.


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[MissHaley]

Hi Friends! :seeya: How is everyone today?

 

[LyndyLoo]

Larry Ryckman ‏@larryryckman 3m3 minutes ago Castle Rock, CO
The judge and attorneys are going over jury instructions for Phase 2 deliberations in Aurora #theatershooting trial. Jurors due at 11:30

 

[Maisiebelle]

Hi Friends! :seeya: How is everyone today?

Morning! I'm stuck in bed sick. Still watching the trial though lol! I'm such a trooper!


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[LyndyLoo]

Jen's Trial Diaries ‏@TrialDiariesJ 56s57 seconds ago
Judge gets tough with State on their objections with jury instruction. Tells them not to interrupt him when he's talking #theatershooting

 

[Maisiebelle]

Mr Edwards is hard to listen to. His voice is so quiet and he is a bit confusing.


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[MissHaley]

Just posting this again. There was nothing from that list addressed by the defence. The only thing that is mitigation is the shooter having no previous convictions.


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This one was presented with Dr. Metzer testimony about his mental condition.

"The defendant's capacity to appreciate wrongfulness of the defendant's conduct or to conform the defendant's conduct to the requirements of law was significantly impaired, but not so impaired as to constitute a defense to prosecution"

 

[LyndyLoo]

The Gold Patrol® ‏@thegoldpatrol 2m2 minutes ago
#theatershooting

Lawyers and judge are hashing out jury instructions. We should see closings around 1:30 EST & deliberations.
Larry Ryckman ‏@larryryckman 2m2 minutes ago Castle Rock, CO
Judge Samour sounds a little weary this morning. Chides prosecutor for interrupting him. #theatershooting

 

[Maisiebelle]

This one was presented with Dr. Metzer testimony about his mental condition.

"The defendant's capacity to appreciate wrongfulness of the defendant's conduct or to conform the defendant's conduct to the requirements of law was significantly impaired, but not so impaired as to constitute a defense to prosecution"

Ah yes. You are correct.

But all this family stuff doesn't seem to fit mitigation at this stage. Saying that, they are allowed to present anything they feel is mitigation so that's what they've done.


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[Maisiebelle]

Judge Samour is in a bad mood today methinks.


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[LyndyLoo]

Will C. Holden ‏@will_c_holden 3m3 minutes ago
#TheaterShooting Judge heated w/ DA, says he has no authority to limit what jury can consider as mitigation. Live: http://link.kdvr.com/1gpO0Vv