Standing up for the victims

[Libby]

Yes, the death sentence is a difficult subject. I hadn't realised that that was an option in this case.

I think it's good that in cases like this that the survivors and the victims' families have the opportunity to speak to the court during the sentencing phase. That's only recently been introduced in the UK, and I think that's an important part of the criminal justice system that was ignored for far too long. It may not influence the sentence, but the people who have been devastated by such evil actions should be heard.

I don't know what it's like to be part of a family/community devastated by such evil. I should imagine that some would prefer that the perpetrator spends decades incarcerated, and some would prefer a swift and dishonourable conclusion.

[Walkabout]

during this most difficult time , I thank all my TIWWA family for your support . It has been a trying time for all involved , no less those of us at home unable to be there for family . What healing had taken place was ripped open by the trial.

Personally , I would vote for life in prison with no parole as the death penalty would leave him in protected custody for many years while he appealed his conviction. . On the cell block he would learn what fear is and like they say, payback is a bitch.

[Earthnut]

during this most difficult time , I thank all my TIWWA family for your support . It has been a trying time for all involved , no less those of us at home unable to be there for family . What healing had taken place was ripped open by the trial.

Personally , I would vote for life in prison with no parole as the death penalty would leave him in protected custody for many years while he appealed his conviction. . On the cell block he would learn what fear is and like they say, payback is a bitch.

I totally agree, they show no mercy in the prisons to someone they don't approve of. There's a greater fear for him to face in prison then waiting for the death penalty to kick in, which as you said Randee, can take years, especially with an appeal. Yes, "payback is a bitch," and I have no doubts that his day is coming, maybe sooner then we think. After working in a prison as an officer, something I ended up hating, there is a lot that goes on that is planned and covered up. For prisoners, time is on their side, and they can take their time in planning and executing whatever they so choose, which includes compromising officers in very subtle ways, which eventually forces them to do their bidding. Horrible part of the world to be in.

[Walkabout]

starting Wednesday [ 22 July] begins the sentencing phase . This is copied from ADA [ Assistant District Atty] email on how that will proceed.

· Phase 1 (1/2 day): To decide whether the prosecution has proved beyond a reasonable doubt one or more aggravating factors that qualify this case for the death penalty. We just have to prove ONE factor to the jury. We do NOT have to prove all five factors. The five aggravating factors are as follows:

o “The defendant unlawfully and intentionally, knowingly, or with universal malice manifesting extreme indifference to the value of human life generally, killed two or more persons during the course of the same criminal episode.”

o “The defendant intentionally killed a child who has not yet attained twelve years of age.”

o “In the commission of the offense, the defendant knowingly created a grave risk of death to another person in addition to the victim of the offense.”

o “The defendant committed the offense in an especially heinous, cruel, or depraved manner.”

o “The defendant committed the offense while lying in wait, from ambush.”

o Phase 2 (2+ weeks): To decide whether the aggravation outweighs the mitigation presented in the case.

o Phase 3 (4 days): To decide based on each jurors own individual reasoned moral determination what the appropriate penalty for the Defendant is in this case (it has to be unanimous).

as far as I know it will be televised at the same links .

[Earthnut]

starting Wednesday [ 22 July] begins the sentencing phase . This is copied from ADA [ Assistant District Atty] email on how that will proceed.

· Phase 1 (1/2 day): To decide whether the prosecution has proved beyond a reasonable doubt one or more aggravating factors that qualify this case for the death penalty. We just have to prove ONE factor to the jury. We do NOT have to prove all five factors. The five aggravating factors are as follows:

o “The defendant unlawfully and intentionally, knowingly, or with universal malice manifesting extreme indifference to the value of human life generally, killed two or more persons during the course of the same criminal episode.”

o “The defendant intentionally killed a child who has not yet attained twelve years of age.”

o “In the commission of the offense, the defendant knowingly created a grave risk of death to another person in addition to the victim of the offense.”

o “The defendant committed the offense in an especially heinous, cruel, or depraved manner.”

o “The defendant committed the offense while lying in wait, from ambush.”

o Phase 2 (2+ weeks): To decide whether the aggravation outweighs the mitigation presented in the case.

o Phase 3 (4 days): To decide based on each jurors own individual reasoned moral determination what the appropriate penalty for the Defendant is in this case (it has to be unanimous).

as far as I know it will be televised at the same links .

As soon as you know what time, please post it so we can be online and ready to watch.

[Libby]

Saw your update in the shoutbox earlier, Randee. Sounds as though the jury has a very clear view of the defendant.

[Walkabout]

 We are now in phase #2 .  The defense is now calling witness after witness who knew him at grade school age to show he was normal .  This is to try and persuade the jury that only the mental illness made him do this crime.  One juror was feeling ill so court ended early on Friday and if still ill the Judge will likely replace them with an alternate . The alternates sit in the courtroom in the jury box but when the jury leaves the courtroom they have their own room separate from the voting jurors .  This will not slow down anything and there are 7 alternates so unless its spreads to others it will continue .  Court starts around 8:40 AM MDT or 10:40 EDT.  There are two stations plus Youtube [I think] here is the link I watch .  https://www.thedenverchannel.com/aurora-movie-theater-shooting/trial-live 

 

    At the conclusion of phase #2 the jury will deliberate and vote again.  If they feel there WAS mitigating circumstances [ mental illness] then that would then eliminate the death penalty [ I believe] and then he would get life without parole .  I am fine with that as the other inmates will ' take care of him ' .  If they continue to phase #3 then they must ALL vote for the death penalty .  The Judge still has the final say as to the death penalty .  Even if the jury vote for death , the Judge can set that aside and give him life without parole . Since the Governor has stayed every death sentence , he would remain on death row in protective custody until a new governor is elected and the they could remove the stay of execution as I understand it.       

[Walkabout]

Phase #2 is in its finale .  The jury listened to many pages of instruction by the Judge , the closing arguments by the defense and then the prosecution.  They have now retired to determine if there were enough  mitigating circumstances to pass on the death penalty.  If their answer is yes , all is over and he will be sentenced to life in prison with no parole .  If no, then we continue to phase #3 . 

 

A woman made an outburst [ screaming let him live ]  from the gallery as the prosecution was making its closing arguments .  She was taken out and detained .  After the jury , attorneys  and defendant had left , she was brought before the Judge for a ' contempt of court ' hearing .  The Judge dressed her down and the sentenced her to 3 weeks in jail .  As she left she was screaming again that there will be 12 more murderers if they vote for the death penalty .  

Edited July 30, 2015 by Walkabout
* update *

[Earthnut]

Phase #2 is in its finale .  The jury listened to many pages of instruction by the Judge , the closing arguments by the defense and then the prosecution.  They have now retired to determine if there were enough  mitigating circumstances to pass on the death penalty.  If their answer is yes , all is over and he will be sentenced to life in prison with no parole .  If no, then we continue to phase #3 . 

 

A woman made an outburst [ screaming let him live ]  from the gallery as the prosecution was making its closing arguments .  She was taken out and detained .  After the jury , attorneys  and defendant had left , she was brought before the Judge for a ' contempt of court ' hearing .  The Judge dressed her down and the sentenced her to 3 weeks in jail .  As she left she was screaming again that there will be 12 more murderers if they vote for the death penalty .  

Wow, what a statement she made, and you can bet she will be questioned.  I find the number 12 interesting, and would love to know how she came up with that particular number.  Life in prison would be a worse fate, and I personally doubt if he would survive it once he's around the other inmates.  He may end up wishing he had died by the time they get finished with him.

[Walkabout]

a verdict has been reached in phase #2 .  a unanimous verdict [ 24 counts] on 1st degree murder and 1st degree murder with extreme indifference regarding the 12 murdered in the Colorado movie massacre ,  Now on to phase #3 .  This includes impact statements from family members of those murdered.  If one juror votes against the death penalty , then he will receive life in prison / no parole .  I am probably the only family member who feels life / no parole and put in the cell block would be a worse punishment.  His cellmates would teach him what fear is [ like his victims ] and extreme pain [ like his victims ] by becoming the cell block bitch and wondering everyday  when he would get a shiv in his liver and slowly bleed to death.