CO - James Holmes Trial - *Penalty Phase*

[zoey]

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

The 2 guilty verdicts for each deceased victim will merge into 1 and Jh will receive a single sentence.

The Gold Patrol® ‏@thegoldpatrol · 1m1 minute ago
#theatershooting

In CO M1 may be punished with life in prison of death by lethal injection.

 

[zoey]

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

The 2 guilty verdicts for each deceased victim will merge into 1 and Jh will receive a single sentence.

The Gold Patrol® ‏@thegoldpatrol · 1m1 minute ago
#theatershooting

In CO M1 may be punished with life in prison of death by lethal injection.

 

[zoey]

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

Consider evidence with open mind.

Larry Ryckman ‏@larryryckman · 56s56 seconds ago
Judge is giving jurors instructions for Phase One of the penalty phase. He notes trial might never proceed to phases 2-3. #theatershooting

 

[zoey]

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

Consider evidence with open mind.

Larry Ryckman ‏@larryryckman · 56s56 seconds ago
Judge is giving jurors instructions for Phase One of the penalty phase. He notes trial might never proceed to phases 2-3. #theatershooting

The Gold Patrol® ‏@thegoldpatrol · 37s38 seconds ago
#theatershooting

Important you know about phases:

1. Prove at least 1 aggravating factor. You must decide if pros has proven at least 1.

 

[zoey]

The Gold Patrol® ‏@thegoldpatrol · 1m1 minute ago
#theatershooting

Aggravating factors
- Increases seriousness of JH conduct

The Gold Patrol® ‏@thegoldpatrol · 57s57 seconds ago
#theatershooting

1. JH killed 2 or more people
2. JH killed a child not yet 12 years old
3. During crime JH created risk of death

 

[zoey]

The Gold Patrol® ‏@thegoldpatrol · 1m1 minute ago
#theatershooting

4. JH committed M1 in cruel manner
5. JH committed M1 while lying in wait or ambush.

end of phase 1 jury will deliberate

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

If not unanimous - must give Life without parole

If unanimously found at least 1 - will go to phase 2

Larry Ryckman ‏@larryryckman · 2m2 minutes ago
If jurors unanimously find prosecutors have proved at least 1 aggravating factor, #theatershooting trial moves to Phase 2 of penalty phase

The Gold Patrol® ‏@thegoldpatrol · 1m1 minute ago
#theatershooting

Phase 2:

JH may present mitigation. Mitigating factor considered as reducing degree of JH moral culpability

The Gold Patrol® ‏@thegoldpatrol · 46s47 seconds ago
#theatershooting

Mitigation - any evidence that may cause juror to vote for life. Pros can rebut that.
Closing arguments.
Def 1st
No unanimous verdict needed.
Weigh mitigation against aggravating factors

 

[zoey]

The Gold Patrol® ‏@thegoldpatrol · 1m1 minute ago
#theatershooting

Neither party has burden to prove anything in phase 2. Will only go to phase 3 if unanimous agree aggravating outweighs
In phase 2 - don’t be influenced by prejudice or bias. See JH as human being
-------------------------------------------------

Larry Ryckman ‏@larryryckman · 2m2 minutes ago
Aggravating factors must outweigh mitigating factors in Phase 2 in order to move to Phase 3 in #theatershooting trial's penalty phase

 

[zoey]

Larry Ryckman ‏@larryryckman · 1m1 minute ago
Jurors can also exercise mercy, based on evidence, judge says. Not based on passion, bias or conjecture. #theatershooting

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

In phase 2 - don’t be influenced by prejudice or bias. See JH as human being.

Judge - your decision must be based on evidence I tell you can be considered & whats presented in sentencing phase

Jeffrey Evan Gold ‏@jeffgoldesq · 2m2 minutes ago
Jury in DP phase of #Theatershooting must first agree unanimously on aggravating factor. If not then its life without parole

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

Phase 3

Both sides will make closings
Pros 1st, Def 2nd
Rebuttal - pros 1st Def 2nd
Deliberations

 

[zoey]

The Gold Patrol® ‏@thegoldpatrol · 1m1 minute ago
#theatershooting

During deliberations, jury can only return death if unanimous. If not unanimous, life without parole must be unanimous

The Gold Patrol® ‏@thegoldpatrol · 45s45 seconds ago
#theatershooting

If jury can’t reach unanimous, judge will sentence JH to life without parole.

 

[zoey]

Jeffrey Evan Gold ‏@jeffgoldesq · 1m1 minute ago
#Theatershooting jury must be unanimous in each DP phase in CO. Hung jury will mean life without parole. (Unlike mess in AZ #JodiArias)

 

[zoey]

Larry Ryckman ‏@larryryckman · 3m3 minutes ago
No additional evidence will be presented in Phase One. #theatershooting

KDVR FOX31 Denver ‏@KDVR · 2m2 minutes ago
Both sides in #theatershooting trial present no evidence in Phase 1 of penalty phase. WATCH LIVE: http://link.kdvr.com/1IiQWNV

Larry Ryckman ‏@larryryckman · 2m2 minutes ago
After the judge reads the final instructions, attorneys will make final arguments. Then jurors will deliberate. #theatershooting

Larry Ryckman ‏@larryryckman · 2m2 minutes ago
After the judge reads the final instructions, attorneys will make final arguments. Then jurors will deliberate. #theatershooting

Channel 2 KWGN ‏@channel2kwgn · 2m2 minutes ago
Judge in #theatershooting trial giving final jury instructions for Phase 1 of sentencing hearing. WATCH LIVE: http://link.kdvr.com/1IiQWNV

Jeffrey Evan Gold ‏@jeffgoldesq · 2m2 minutes ago
#Theatershooting parties present no evidence in agg factor phase, judge goes right to final instructions, then arguements and deliberations

 

[zoey]

The Gold Patrol® ‏@thegoldpatrol · 1m1 minute ago
#theatershooting

Judge is now giving phase 1 jury instructions

 

[zoey]

Jeffrey Evan Gold ‏@jeffgoldesq · 1m1 minute ago
Looks like we will be hearing #Theatershooting closing arguments on DP agg factors and then deliberations after lunch today. Bam.

 

[zoey]

Ann O'Neill ‏@AnnoCNN · 1m1 minute ago
In Colorado for penalty phase for #JamesHolmes, now guilty of #TheaterShooting murders. Phase One is all about aggravating factors

Alan Greenblatt ‏@AlanGreenblatt · 1m1 minute ago
Won't Hick be out of office before appeals process all done? MT @danvock Colo gov stands against death penalty, even after #theatershooting

 

[LyndyLoo]

This phase should move along pretty fast..They have already concluded He did this with Malice...then off to phase 2 ..listening to aggravating and mitigating factors.:drumroll:

 

[MsJosie]

I think it is Nelson, defense attorney closest to the aisle, her foot really starts to tap at times! She does not appear happy.

 

[zoey]

Ann O'Neill ‏@AnnoCNN · 53s53 seconds ago
Two more aggravating factors alleged in #theatershooting penalty phase … #JamesHolmes ambushed victims, created risk of death to others

 

[MissHaley]

Jeffrey Evan Gold ‏@jeffgoldesq · 2m2 minutes ago
#Theatershooting parties present no evidence in agg factor phase, judge goes right to final instructions, then arguements and deliberations

They are not presenting evidence to prove aggravating factors? I don't understand. How are they proving the aggravators?
I thought concluding arguments are not evidence. What's going on?

 

[NotMyselfNEMore]

Am I the only one who is confused by this? If I understand it (and I'm not sure I do) they can only find Aggravator #2 for the the little girl, Veronica Moser (maybe on 2 counts)? And the other 4 aggravators can be for all 24 counts?
I know they have to find at least one (I can't imagine they won't), but do they have to vote on all 4 for each aggravating factor? Or am I misunderstanding it?

Sounds like it could take a little while, just to fill out the forms! I wonder how defense expected to get in multiple witnesses today? Even if they hadn't spent 2+ hours on objections and rulings on Powerpoint, and instructions. It doesn't seem possible.

ETA- Judge just answered my question about Agg#2 - only Veronica Moser.

 

[LyndyLoo]

Jeffrey Evan Gold ‏@jeffgoldesq · 2m2 minutes ago
#Theatershooting parties present no evidence in agg factor phase, judge goes right to final instructions, then arguements and deliberations

They are not presenting evidence to prove aggravating factors? I don't understand. How are they proving the aggravators?
I thought concluding arguments are not evidence. What's going on?

They are allowed to consider evidence from guilt phase ..There need only be 1 aggravator proven which they have already found guilty on second charge ( malice and depravity in his killing for each death) so that's why Pros. didn't bother to offer further evidence to prove aggravators...

Next phase they will then get to hear mitigating factors offered by def. That's why I said..this should be pretty quick..The readings by the judge along with filling out their verdict forms will have taken longer than coming back with verdict in this phase!!!