CO - James Holmes Trial - *Penalty Phase*

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Will C. Holden ‏@will_c_holden · 2m2 minutes ago

Will C. Holden retweeted Polly Mosendz
Details from 1 of 2 @Newsweek reporters named in #theatershooting court ban (Read ban here: http://link.kdvr.com/1LFz5lg )
 
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Hi Maisie! Yes, that's what I was posting last night but my post kept getting misunderstood & they were explaining the process to me! But that wasn't what I meant. I'll try again.
If the jury only has to find that one is proven-why are they or they seem to be trying to see if ALL are proven-by wanting to review the tapes?! I asked what are they hung up on or debating?
The first aggravator IS proven! Done!
It was posted to me that they are hung up on the 'intent to kill a child', BUT, there's no reason to debate it if any other aggravator is proven!!!
See what I'm trying to convey?
*If they agree on the first one, 'he killed more than 2 people in the same event', they're done!!!! No need to discuss the rest.
*Especially since the defense conceded that the aggravators were proven!

That's why everyone said this will go fast, this phase.

I agree with you. This should have been very straightforward. I'm surprised it's taken this long. I just hope the jury aren't confused by this stage.


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I think the jury is taking its job seriously and just wants to be thorough.
 
Larry Ryckman ‏@larryryckman · 54s55 seconds ago
"Good morning everyone," judge says as he returns to the bench. #theatershooting

Larry Ryckman ‏@larryryckman · 39s40 seconds ago
Jurors has sent two questions. #theatershooting
 
Will C. Holden ‏@will_c_holden · 48s49 seconds ago
After delay, parties in courtroom about to address #theatershooting jury note. Delay due to 2nd jury note Watch live: http://link.kdvr.com/1MKlzeP

Julie Hayden ‏@HaydenTV · 50s50 seconds ago
Jurors have two questions in #theatershooting
 
Cathy ‏@courtchatter · 56s57 seconds ago
Judge verifying jurors had the TV/DVD combo for 1 hour this morning. #theatershooting

Larry Ryckman ‏@larryryckman · 41s42 seconds ago
Jurors says one of the DVDs won't play. Other question seeks clarification on one aggravating factor. #theatershooting

Cathy ‏@courtchatter · 3m3 minutes ago
Judge verifying jurors had the TV/DVD combo for 1 hour this morning. #theatershooting
 
The jury are definitely deliberating the killing of a child.


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Cathy ‏@courtchatter · 44s45 seconds ago
Jury ? #5 - We are requesting clarification on the wording of alleged AGG factor #2.
(killing child under 12)
#theatershooting

Will C. Holden ‏@will_c_holden · 54s55 seconds ago
#TheaterShooting jury says 1 of DVDs won't play, which is obviously an issue given the time limit. Watch live: http://link.kdvr.com/1MKlzeP

Rick Sallinger ‏@ricksallinger · 51s52 seconds ago
#theatershooting jury asking question about aggravating factor
regarding if defendant intended to kill child under 12

Larry Ryckman ‏@larryryckman · 41s42 seconds ago
Jurors are unclear about the wording on aggravating factor re whether defendant intentionally killed a child under 12. #theatershooting

Scott Cohn ‏@ScottCohnTV · 1m1 minute ago
Jury in #theatershooting trial seeks clarification on aggravating factor involving intentional killing of a child under 12.

Julie Hayden ‏@HaydenTV · 54s55 seconds ago
Sounds like jury deliberations could be focusing on the agg. factor concerning killing a child.#theatershooting
 
Will C. Holden ‏@will_c_holden · 40s40 seconds ago
#TheaterShooting jury confused by wording of aggravating factor alleging Holmes intended to kill child under 12. Live http://link.kdvr.com/1MKlzeP

Cathy ‏@courtchatter · 44s45 seconds ago
Judge proposed answer - Pros has to prove beyond a rsnble that the def intentionally killed a child under 12 yrs of age. #theatershooting
 
I thought Mr. Orman explained Aggravator 2 well yesterday..???
But someone is thinking like the def. JH had to intend to kill a child under 12.

I just knew they were hung up on killing of a child..thus the need for some juror or juror's to view all of the video's requested...
 
Scott Cohn ‏@ScottCohnTV · 57s58 seconds ago
Question is whether prosecution must prove Holmes intended to kill a child, or merely intended to kill and killed a child. #theatershooting

Larry Ryckman ‏@larryryckman · 51s52 seconds ago
Judge will tell jurors that prosecutors must prove that JH intentionally killed a child under 12. #theatershooting
 
Cathy ‏@courtchatter · 40s40 seconds ago
#theatershooting Judge proposed answer pt 2 - The pros can't meet it's burden by proving that the victim just happened to be less than 12

Scott Cohn ‏@ScottCohnTV · 55s55 seconds ago
Jury will be told that prosecution must prove beyond a reasonable doubt that Holmes intended to kill a child. #theatershooting
 
Larry Ryckman ‏@larryryckman · 2m2 minutes ago
Judge also intends to send jurors another DVD copy of video and tell them they can play it only once. #theatershooting

Cathy ‏@courtchatter · 32s32 seconds ago
Possibly hung up on AGG factor #2. I'm assuming that's why they wanted JH int where he mentions not thinking kids there #theatershooting

Carol McKinley ‏@CarolAMcKinley · 29s29 seconds ago
The jury may be stuck on word "intionally" killing a child. Did the defendant really intend to specifically kill a child? #theatershooting
 
Oh, good grief!!! He shot a six year old 4 TIMES!!!! What part of that do the jury not understand????
 
Don't they only need one aggravating factor? Why are they focusing only on that one? I wondered why they used the word "intent" to kill a child under 12 as well as he stated many times he didn't want to kill kids.

When I heard they were going to word it that way I knew it would throw off the jury.
 
The jury are definitely deliberating the killing of a child.


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See that concerns me. There's no reason to debate it, IF they found one other proven!!!!! This doesn't sound good at all! I'm afraid they're going to come back that they didn't find the aggravators were proven, since they seem to be trying to see if ALL are proven. Not good.
 
Cathy ‏@courtchatter · 58s58 seconds ago
I know this jury is being thorough, I appreciate that, however, they only need to find 1 of the 5 factors. #donedeal #theatershooting

Will C. Holden ‏@will_c_holden · 1m1 minute ago
#TheaterShooting counsels pondering proposed response -- stating DA must prove Holmes intended to kill kid under 12-> http://link.kdvr.com/1MKlzeP

Will C. Holden ‏@will_c_holden · 1m1 minute ago
#TheaterShooting counsels pondering proposed response -- stating DA must prove Holmes intended to kill kid under 12-> http://link.kdvr.com/1MKlzeP
 
I'm not sure he set out to deliberately shoot a child. I'm glad I'm not on the jury. I would find this question difficult. Do we know for certain he saw the baby on his aisle or that he saw other children in the theatre......

I know one of the witnesses said she was bothered by the amount of kids in the theatre. Maybe he couldn't have failed to see them.


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