Few would argue with the idea that Ashley Moser has the saddest story among the victims of the July 2012 Aurora theater shooting.
The attack left Moser paralyzed, terminated her pregnancy and killed her 6-year-old daughter, Veronica Moser-Sullivan.
But defense attorneys for accused killer James Holmes have argued for in hopes of lessening the emotional impact on the jury.
The lawyers even urged District Court Judge Carlos Samour Jr. to forbid a photo of Veronica to be shown to the jury.
“Everyone in this courtroom will be heartbroken to see Ashley shown a picture of her daughter,” said defense attorney Tamara Brady, telling the judge the photo is irrelevant.
Unfortunately, Judge Samour decided that Veronica’s photo can be shown for only three seconds.
“I’m not excluding it because I think it’s appropriate for the people to ask Ms. Moser to identify her daughter,” Samour said. “I’m requiring that it be brief.”
No other murder victim’s photo has been shown for such a limited amount of time.
Samour also put other restrictions on Moser’s testimony, barring her from talking about Veronica’s funeral, her physical therapy sessions and the last words she spoke to her daughter.
To be sure, Samour is in a tough spot, trying to balance the prosecution’s need to present the facts and not having jurors’ thinking be overrun by emotion.
Yet, Veronica’s photo is relevant. It is an image of one of 12 people murdered in the midnight showing.
“I agree with Ms. Brady,” prosecutor George Brauchler told Samour to counter the defense’s request. “It is a horrific thing to deal with the murder of a child. That is what the allegations are in this case.”
Moser’s experiences are the most heart-wrenching of this incredibly sad trial. They should not be whitewashed. And jurors should not be limited to just a glimpse of the image of 6-year-old Veronica.
To send a letter to the editor about this article, submit or check out our for how to submit by e-mail or mail.
