CO - James Holmes Trial - *Penalty Phase*

[Whiteorchids]

If there is a phase 2!


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Yes, if jurors agree that at least one aggravator has been met.

 

[Whiteorchids]

Wow, Colorado only has 3 inmates on death row. CA where I live has 746. Colorado's last execution was 18 years ago. Either way DP or LWOP. It will still be LWOP. If DP he will use his mental illness defense in all his appeals so most likely his sentence will eventually be overturned anyway. My friend is an attorney and this is what he told me.

 

[colette]

I think what is taking so long is they are not in agreement about intentionally killing a child under 12. It was one of their questions and it is a question of debate even on Websleuths. He took the "point" for killing Veronica and the unborn baby, he did it and he took credit for it.

 

[borndem]

So the reporter who gave out the Juror Foremans name...her name is not out there that I can see. Has anyone seen her name or has it been erased and 'protected' by Newsweek? Yes, I think the Juror should look into legal proceedings on his own after the trial.

How many WS think that the three defense witnesses will still testify tomorrow or at a later date now there has been a delay due to the objections by the defense over slides/power point, that took a lot of time. The defense should not promise the witnesses certain dates to testify, especially when they like to find ways to delay. Trials can be very 'date/ time changeable'.

I was glad to see the State object to the defense slides....the State has been very nice to the defense as far as objections. The defense throws anything on the wall to see if it sticks.

bbm

Indeed, indeed. When one of the DTeam attorneys was speaking to Judge Samour -- before the end of the guilt trial, she was going on & on about how they/we/the world might have a problem because the witnesses were set to testify on a particular day, yada, yada, affidavit, deposition, DVD, XYZ. The judge simply said something like, "Well, they are on a subpoena to testify so they have to be here...." and the Def Atty said of course that would just not suit, blah-de-blah. His Honor just went to the next point.... small potatoes to His Honor...

 

[MissHaley]

On Denver channel7, they just read the verdict form. It clearly states, "We the jury, find at least one aggravating factor on count 1, etc."
So, the jury must understand they only need to find one aggravator, not all 5.

Everyone seems puzzled, not just us, as to what/why they are debating or seem to be debating on all 5.

Maybe they don't want to go into the DP phase? I'm stumped.

 

[MissHaley]

I think what is taking so long is they are not in agreement about intentionally killing a child under 12. It was one of their questions and it is a question of debate even on Websleuths. He took the "point" for killing Veronica and the unborn baby, he did it and he took credit for it.

Apparently, that is it. However, they do not have to be in agreement on this aggravator! They just have to decide that one of the five factors has been proven. The first aggravator is - killed 2 or more persons in a single event. That is a proven one that they surely would agree on.

 

[zoey]

Wow, Colorado only has 3 inmates on death row. CA where I live has 746. Colorado's last execution was 18 years ago. Either way DP or LWOP. It will still be LWOP. If DP he will use his mental illness defense in all his appeals so most likely his sentence will eventually be overturned anyway. My friend is an attorney and this is what he told me.

I'm thinking Texas is one of the States to prosecute for death and mean it----

 

[StillMindmatters]

You're assuming he was rational and we know he wasn't. That's what really makes this tricky.


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Hi ahotch2. With all due respect I disagree that he was not "rational", in fact at the most basic and fundamental levels of cognition, I think he was hyper rational about the mass murder he planned and brought to completion.

It is my belief that the problem was that he had a significant mood disturbance and disrupted problem solving (generally referred to as mental illness). But as to the question of whether he intended to kill children--OF COURSE HE DID!! That fact, in my humble estimation, is irrefutable. By his own words he set out to kill as many people as he could that night, and children are people.

In fact, he clearly knew that he could kill children as evidenced by him asking specifically if any children were hurt/killed. It is absolutely irrelevant that he expresses regret that a child was killed or that he says he didn't want to/was hoping not to kill children. He knew damn good and well that children were more than likely going to be in the theater that night but did exactly as he wanted anyway. Also, none of us know how he defines what "children" are but I would bet my house that he knew teenagers would be watching the midnight premiere of Batman FGS--are they any less children? Hell no!

He didn't give one rat's a$$ about anyone but himself. His intent was to protect himself from pain, suffering and death while carrying out mass murder of innocent people with cruel difference, willful intent and maximum effect.

 

[zoey]

Apparently, that is it. However, they do not have to be in agreement on this aggravator! They just have to decide that one of the five factors has been proven. The first aggravator is - killed 2 or more persons in a single event. That is a proven one that they surely would agree on.

Perhaps the defense should have let the picture of that baby girl shown more often, if that's the hold up.

I can't figure out why the big delay on this one.

 

[StillMindmatters]

I'm thinking Texas is one of the States to prosecute for death and mean it----

As a Texan I can attest that that is an absolute fact Zoey :cheers:

 

[LyndyLoo]

Perhaps they want to come back with the finding of all 5 aggravators to make a statement...thus trying to convince any holdout for #2 to see that he was aware of multi children in that theatre and he chose to go ahead with his mission to collect human capital anyway. claiming after he didn't want to hurt or kill children after the fact is rather disingenuous since he was aware..his mission was to kill as many theatre goer's as possible even with the knowledge it was full of youngsters!! So I'm not buying his regret nor remorse either!!

 

[Amster]

I'm thinking Texas is one of the States to prosecute for death and mean it----

Exactly....in Texas, you kill someone, we kill you back.

Don't Mess With Texas!!

 

[zoey]

Perhaps they want to come back with the finding of all 5 aggravators to make a statement...thus trying to convince any holdout for #2 to see that he was aware of multi children in that theatre and he chose to go ahead with his mission to collect human capital anyway. claiming after he didn't want to hurt or kill children after the fact is rather disingenuous since he was aware..his mission was to kill as many theatre goer's as possible even with the knowledge it was full of youngsters!! So I'm not buying his regret nor remorse either!!

Nope---not at all!!!! Remorse? noooo only Dr. Gur would say he had remorse

 

[Maisiebelle]

The lawyer guy they chat to on Denver 7 news is expressing his surprise that the jury is still out.

He said its to their credit that they are being very careful.


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[zoey]

Rob McCallum ‏@rwmccallum · 2m2 minutes ago
The jury has reached a verdict in phase one. Judge Samour will take the bench in 20 minutes #theatershooting

 

[LyndyLoo]

They have a verdict now!! Finally !!!

 

[zoey]

The lawyer guy they chat to on Denver 7 news is expressing his surprise that the jury is still out.

He said its to their credit that they are being very careful.


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Julie Hayden ‏@HaydenTV · 1m1 minute ago
Jury has a verdict in phase one of #theatershooting . Announcement in 20 min

 

[Maisiebelle]

Just have to wait 20 mins. Better than 3 hours.


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[zoey]

Anica Padilla ‏@AnicaPadilla · 1m1 minute ago
BREAKING: #TheaterShooting jurors have reached a verdict in the 1st phase of the sentencing hearing. It will be announced in 20 minutes.

John Ingold ‏@johningold · 1m1 minute ago
After a day of deliberations, jurors have reached a decision in step 1 of the Aurora #theatershooting sentencing trial. Announced in 20 min

The Gold Patrol® ‏@thegoldpatrol · 42s43 seconds ago
#theatershooting verdict reached

7NEWS Denver Channel ‏@DenverChannel · 2m2 minutes ago
BREAKING: #TheaterShooting jurors have reached a verdict in the 1st phase of the sentencing hearing. It will be announced in 20 minutes.

 

[MissHaley]

Verdict will be read in 20 min.
I'm concerned & prepared for a shock.