CO - James Holmes Trial Discussion - Begins April 27, 2015 #17

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Maisiebelle said:
This release criteria bothers me. If JH takes his medication correctly he will likely behave in a 'normal' manner. If he was released and decided to stop taking his meds he might become dangerous again. Who will monitor him once he leaves hospital if he gets NGRI?


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I still don't buy that the medication he is on was the "miracle cure" that the defense is banking on---I can't believe that there wasn't a trial period of medications
 
Judge strikes D291 as improperly filed, because it included both records and suggested rules Phil Tenser
 
See, defense boo-booed again! Do they have knowledge of the law procedures? Judge said she made a written argument that he has stricken- says was 'improper'.
 
We're going to have some time to take more questions during this recess... what do you want to talk about? Phil Tenser
 
:snooty:
MissHaley said:
there she goes again!
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I don't like her....:notgood: (OK --- I don't like many in that defense team---perhaps only that one that sat against the wall--only cause she never spoke :boohoo:
 
I do love Channel 7 when they reference JH they always call him either "the shooter" or the "gunman"---I like that, in fact I'm trying to follow suit! :thinking:
 
Will C. Holden ‏@will_c_holden · 47s47 seconds ago
@xxxxxxxxx I'll say this: Think I've taken all tests Holmes took before #theatershooting trial. They shook my ego. Not sure about my IQ ;)
 
Phil is saying on Chanel 7 that it could take a month for witness to talk during sentencing phase---
Defense planning on flying in friends from California---Like they would be able to address positives?
 
I really feel that Ms Nelson doesn't respect Judge Samour. She doesn't accept his rulings. In fact, she constantly questions and argues against rulings he has already made. You can see that she tries his patience.


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I really can't remember in previous trials I watched - during objections, the defense quote a list of rules, 401, 403. 601, 602, for example, and also, so many constitutional rights, due process, right to a fair trial & on & on.
Usually, just state the reason & why.
It's very unusual.
 
Maisiebelle said:
I really feel that Ms Nelson doesn't respect Judge Samour. She doesn't accept his rulings. In fact, she constantly questions and argues against rulings he has already made. You can see that she tries his patience.


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I agree, that is why I always say she has a "chip on her shoulder'. She is a very unhappy lady, unsure of herself too.

You have said this in a nice way. Thank you.
 
Wonder if anyone will know what I am talking about here- I remember seeing on channel 7 that they said that the way sanity and insanity are handled in Colorado is the same as only eight other states - that the defendant is presumed to be insane, and so prosecution has to prove sanity.

Is this the way it is in all states? Or is there something about this that is different in other states?

Not sure if I am explaining this well... but maybe someone will understand.
 
MsJosie said:
I agree, that is why I always say she has a "chip on her shoulder'. She is a very unhappy lady, unsure of herself too.

You have said this in a nice way. Thank you.
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And I think little Miss Maisie suggested last week that perhaps she should eat it....(someone said it and I totally agree)
 
In opening is Mr. Orman sporting a beard????
 
A short google search of "presumption of insanity colorado" pulled up this article, which explains it quite well:

http://blogs.denverpost.com/crime/2...-prosecutors-prove-james-holmes-is-sane/5044/

As today’s story on the historically long odds James Holmes faces in his insanity plea for the Aurora theater shootings notes, Colorado is one of only 11 states in the country that places the burden of proving sanity on the prosecution.

Thirty-five states say it is up to the defendant to prove insanity. Four states — Kansas, Utah, Idaho and Montana — have abolished the insanity defense altogether or have a “guilty but insane” verdict.
 
Jinkasaurus said:
Wonder if anyone will know what I am talking about here- I remember seeing on channel 7 that they said that the way sanity and insanity are handled in Colorado is the same as only eight other states - that the defendant is presumed to be insane, and so prosecution has to prove sanity.

Is this the way it is in all states? Or is there something about this that is different in other states?


Not sure if I am explaining this well... but maybe someone will understand.
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No prob understanding you. I found this - http://criminal.findlaw.com/criminal-procedure/the-insanity-defense-among-the-states.html

It lists what each state uses.
 
Sorry, computer locked up & could not edit. Most states, the burden is on the defendant!
 
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