ARAPAHOE COUNTY — — Denver Post reporter Jordan Steffen’s updates from Day 56 of the Aurora theater shooting trial at the Arapahoe County Justice Center in Centennial, Colorado.
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Day 56
Defense attorneys in the Aurora theater shooting trial will continue to call witness and present evidence on Friday in their case against the death sentence for the gunman.
On Thursday, the jury of nine women and three men found that the 2012 killings at the Century Aurora 16 movie complex were heinous enough for James Holmes to be eligible for the death penalty. That verdict allowed the case to move into the second phase of the sentencing hearing, during which Holmes’ attorneys present their “mitigation” case.”
Defense attorneys called 10 witnesses Thursday afternoon, including neighbors who knew Holmes when he was in elementary school, high school teachers and coaches and a man who said he ate lunch with Holmes almost every day in middle and high school. Similar witnesses — and possibly Holmes’ family — are expected to be called to the stand on Friday and early next week.
Defense attorney Rebekka Higgs told the jury they will hear more about Holmes’ mental illness in the coming days.
Prosecutors will be allowed to call rebuttal witnesses during this phase. Arapahoe County District Attorney George Brauchler, however, indicated on Thursday that he has not yet decided if rebuttal witnesses will be necessary.
At the end of phase two, jurors will be asked whether the things that make the murders so awful outweigh the things that suggest leniency for Holmes. If the jury finds those aggravating circumstances outweigh the evidence presented during phase two, the case moves to phase three, during which victims’ family members can testify.
The trial is expected to resume around 8:40 a.m.
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8:57 a.m.
Judge Carlos Samour Jr. took the bench Friday morning.
Samour said there was a jury who needed to speak to them.
Defense attorneys first asked the judge about Juror 983. On Thursday, a member of the media tweeted out a comment that one of the jurors was wearing a T-shirt with an electric chair on it. It was related to a Metallica album, “Ride the Lightning.” It shows an electric chair.
“This falls in the category of just when you think you’ve seen it all,” King said.
King said he does not think the reporter violated the court’s order. But King said the judge should ask the juror about the T-shirt and whether it involved some kind of message.
Prosecutor Jacob Edson said he does not object to speaking with the juror.
“It’s a very popular shirt. It’s a very popular band,” Edson said.
Edson he did not notice the juror wearing the shirt before. He also pointed out that prosecutors researched the song “Ride the Lightning.”
Samour said he will bring the juror in. The other juror who wants to speak the to judge is Juror 378. Samour also received a question for a different juror, asking about a sick juror who everyone is concerned about.
“Signed multiple jurors,” the note said.
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9:08 a.m.
Juror 378 came into the courtroom.
“How are you doing?” Samour asked.
“I’m sicker than a dog,” she said. “I don’t think I can do what I’m supposed to be doing today.”
The juror has a sinus infection.
“It looks like you’re feeling pretty miserable,” Samour said.
“I just don’t think I can do what I need to do today,” she said again.
Samour asked the juror to step out of the courtroom.
“How do the parties want to proceed?” Samour asked.
Brauchler asked if it would be possible to ask if the juror could recover if she was given a break. He did not want to use her illness as an opportunity for her to be removed. But if she says it takes weeks to resolve the illness, then it’s a different issue, he said.
Defense attorney Tamara Brady agreed with Brauchler, even though it would be a challenge with their schedule.
“Let’s bring her back, please,” Samour said.
The juror was brought back into the courtroom.
“If we took today off, with the weekend, do you think there is a good probability that you will feel better by Monday?” Samour asked.
The juror said she is going to the clinic tomorrow and will get antibiotics.
“I should feel better by Monday,” the juror said.
Samour suggested that she go to the clinic today if possible.
The juror stepped out of the courtroom.
Samour said he was inclined to take the day off and avoid dismissing the juror.
Higgs asked if defense attorneys could have an opportunity to meet with 17 out-of-state witnesses and check their schedules. She asked if it would be possible give the juror an extra day in case she doesn’t feel better by Monday.
Defense attorneys are asking to keep the juror on the jury. The juror is a deliberating juror.
Prosecutor Rich Orman said he is not opposed to video recording some of the defense witnesses who are here today.
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9:20 a.m.
The juror who was wearing the Metallica T-shirt was brought into the courtroom.
Juror 983 was brought into the courtroom.
“I want to ask you about a T-shirt you were wearing yesterday,” Samour said. “I just wanted to know if you were wearing it for a particular reason.”
The juror said he didn’t think he was going to be in the courtroom yesterday.
“Was it intended to convey a message?” Samour asked.
“No intention of a message at all. I like the group,” the juror said.
Samour asked if he has worn the T-shirt before.
“Yesterday was just one of those days when I was in a hurry to get out the door,” the juror said.
The juror was asked to step out of the courtroom.
Brauchler said he did not have any additional questions for the juror.
“I don’t even think it registered with him what was on the back of the T-shirt,” Brauchler said.
Brady said that is how she also took the T-shirt.
Samour agreed with the attorneys.
The full jury was brought into the courtroom.
“Good morning everyone,” Samour said.
“One of you is ill,” Samour said. “There is a risk that she may make others sick and I want to avoid that risk.”
Samour also said he wants the juror who is sick to get better.
“We can’t proceed if all of you aren’t well enough to do that,” Samour said.
The judge then went through his full list of advisements for the jury.
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9:27 a.m.
The jury was released after Samour finished reading his advisements.
Higgs asked to take a break to speak with her witnesses. Samour said that was fine.
“We’ll do it which ever way you want to proceed. They’re your witnesses,” Samour said.
The judge stepped down.
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10:11 a.m.
Samour took the bench around 10 a.m. A video camera was set up in the courtroom.
Higgs said that they would like to do video recorded testimony for some of their witnesses.
Prosecutors did not object.
The videos will be played for the jury at a later date. They will not be able to ask the witnesses any questions.
Higgs said there are seven witnesses they would like to record today.
Samour asked defense attorney Kristen Nelson will submit her proposed jury instructions to the court today. She said she would.
“Thank you for doing that. It’s very helpful,’ Samour said.
Brady called Scott Zoldi to the stand.
Zoldi works at a company that tries to detect credit card fraud. He knows Robert Holmes because they used to work together. They worked together for about 12 years.
Zoldi met the Holmes family one or two times for a team picnic at his house. He also went to the Holmes’ home for dinner in 2004.
“James got along very well with his mother and father,” Zoldi said.
James Holmes was a little bit awkward. He made jokes with his father during the dinner and picnic.
Brady asked if Holmes’ father ever expressed concern about his son. Prosecutor Lisa Teesch-Maguire objected to the question and the attorneys approached for a bench conference.
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10:25 a.m.
After the bench conference, Samour sustained the objection based on hearsay.
In 2012, Robert Holmes needed to take time off from work because he was concerned and he needed to come to Denver.
“He needed to visit his son because they had lost contact with Jimmy,” Zoldi said.
Zoldi never saw James Holmes be disrespectful to anyone. Holmes was quiet.
Teesch-Maguire asked Zolid if Robert Holmes ever came to Denver.
“That’s what I was told,” Zoldi said. “I never saw a plane ticket.”
The last time Zoldi saw Holmes he was in high school.
Higgs called Ina Masten to the stand.
Masten lives in a suburb of San Diego. She works part time at a church and she has other clients as well.
Prior to working at the church, Masten attended the same church as the Holmes family. She knows Holmes’ parents and has met James Holmes on a couple of occasions.
Masten met Holmes’ mother through church. They both joined a book club and they car pooled to work together.
She first met Holmes’ mother about 10 years ago.
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10:31 a.m.
Higgs points out that she sees Masten looking at Holmes in the courtroom.
Holmes did not attend the church a lot when he was a teenager.
Masten would speak with Holmes’ mother about different topics, often their children. Holmes’ mother had appropriate concern and love for her children. Holmes’ father was the same, she said.
“They would go the extra mile for some things,” Masten said.
Once, Arlene Holmes spent an entire weekend with her daughter so she could try out for American Idol. The Holmes family attended a few of Masten’s Christmas parties.
James Holmes came at least once.
He was shy and reserved, but “not uncomfortable in a social setting,” she said. This was before Holmes left for college.
Masten is still friends with the Holmes family.
“We wanted to make sure everybody understood how much we support the family,” Masten said.
“That includes James,” Higgs said.
“Absolutely,” Masten said.
Brady asked to take a 15-minute break so the remaining witnesses could get to the courthouse.
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11:04 a.m.
After the break, Samour took the bench and made an additional record about his ruling on whether Zoldi could comment on whether Robert Holmes said he was concerned about his son.
The rules of evidence “don’t go out the window” with respect to mitigation evidence, Samour said.
Brady called Martin Barrett to the stand.
Barrett knows the Holmes family because they were neighbors when they lived in northern California.
The neighborhood was surrounded by strawberry fields. The school that Barrett’s children went to with “Jimmy” was about three miles from the neighborhood.
“It was considered the artichoke capital of the world,” he said.
Brady handed Barrett a photograph of a welcome sign into the town. The town had a small hotel, a few restaurants and a school.
Barrett has two sons. One is a year older than Holmes, the other is a year younger.
The Holmes family lived four houses down from Barrett.
“We loved it that they had a young son and a young daughter because the son was right in the group of age that the group of boys our sons were already playing with,” Barrett said.
The neighborhood had big lots and the kids were able to go and play in the creek that ran through the area.
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11:15 a.m.
“We kind of lived our lives through our kids at that time,” Barrett said.
Barrett said he felt comfortable with his sons playing with Holmes. He noticed that Holmes was a gentleman, “he was sweet,” he said.
Holmes was never an instigator to try to and get people involved in something negative, he said. He never saw Holmes be mean or disrespectful.
Barrett and his wife would compliment Holmes for protecting and taking care of his sister. He never saw Holmes be mean to his sister.
The group 14 or 15 boys played together. Holmes fit well in the group.
Holmes and another boy tried to organize pick-up games of basketball.
“He was not extremely outgoing, but he was not closed in,” he said.
“Did he seem happy to you?” Brady said.
“Extremely happy,” Barrett said.
The Barrett’s house turned into a gathering place for the boys. Holmes never caused any kind of trouble.
Holmes and his sister would lead an annual Halloween party in the neighborhood.
“Jimmy was very active,” he said. “He loved basketball.”
Barrett’s son and Holmes started running together on a track team. They were on the team together until the Holmes’ family moved.
Holmes’ coaches were always proud of Holmes’ effort, Barrett said.
“Jimmy wasn’t always the most talkative,” Barrett said.
Brady handed Barrett a photograph of the team at their first track meet. Barrett held to photograph up and pointed to his son, himself and Holmes.
The boys each had medals they had won that day.
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11:24 a.m.
Holmes’ mother would help monitor the children at the bus stop in the morning. Barrett had conversations with her.
They would also gather with the Holmes for other neighborhood celebrations.
Holmes’ parents were “wonderful parents.”
“I think they were super parents,” Barrett said.
When the family moved in May 2000, the Barretts followed and moved away from the neighborhood in August that year.
“Do you support James Holmes?” Brady asked.
“We certainly do.”
“Even now?”
“We certainly do.”
Edson cross-examined Barrett.
Barrett has not seen Holmes since the family moved.
Barrett then stepped down.
Next, Brady called Kathy Barrett, Martin Barrett’s wife.
Barrett met the Holmes family through her kids. The Holmes family moved in after they did and their kids started playing together.
Holmes was 7-years-old when she met him.
“It was a really wonderful neighborhood,” Barrett said.
There were about 15 boys in the same age range that played together.
“They made forts, did LEGOs, played video games,” Barrett said. “They played pretty well together.”
“He did really well with the kids,” she said.
Holmes was shy around the adults, but he was always polite.
“Did he seem happy to you?” Brady asked.
“Yes,” Barrett said.
She saw Holmes smile and laugh.
“To me, he was the least confrontational of the boys,” Barrett said.
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11:33 a.m.
Brady handed Barrett a photograph of Holmes, his sister and then other children from the neighborhood.
“Chrissy is hanging on to Jimmy and he’s kind of smiling,” she said. “That’s how I remember Jimmy.”
She remembers a time when all the families went to a water park. The boys wanted to go on a water slide that Holmes’ sister wasn’t big enough for. Holmes stayed back with his sister and played with her instead of going with the other boys.
Barrett never saw Holmes be mean to his sister.
Next, Barrett described a photograph of the children taken at the bus stop. Some of them were in costumes.
The next photograph was taken at a Christmas party at the Barrett’s house. Holmes was with a group of kids opening presents.
A different photograph shows Holmes and other children before they left for trick-or-treating on Halloween.
Another photograph showed Holmes and other children in their costumes.
For each photograph, Brady asked Barrett to circle James Holmes.
Brady also handed Barrett a flier for a haunted house the children built in the Holmes’ house.
Holmes’ parents were “wonderful,” she said. They “wanted the best for their kids.”
There was nothing unusual about the family.
Barrett stayed in touch with Holmes’ mother after the two families moved away from the neighborhood.
Barrett looked at a note from the Holmes’ Christmas card and e-mails that the she exchanged with Holmes’ mother.
Holmes’ mother was always very loving and concerned about her son, Barrett said.
Brady asked to have the items admitted, but Edson objected. The attorneys approached for a bench conference.
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11:45 a.m.
After the bench conference, Samour sustained the objection.
Barrett considered Holmes to be a friend.
“Are you hear to support them and him?” Brady asked.
“Absolutely,” Barrett said.
Barrett stepped down.
Next, Higgs called Joseph Barrett to the stand.
Barrett, who is the son of Kathy and Martin, currently lives in Las Vegas. He’s an attorney but is currently working as a law clerk.
Barrett was 10-years-old when his family moved away from the neighborhood in northern California.
“It’s a good place to grow up,” he said.
Barrett looked at Holmes in the courtroom when he identified him.
When they were children, Holmes was very nice and “fun to be around.”
“He just was always there having fun with everyone else,” he said. “A good friend.”
The two had track practice and meets together.
“He was a hard worker. He was a pretty good runner back then,” he said. “He was a good teammate.”
Barrett played football, street hockey and baseball with Holmes
“He was just a normal kid,” he said.
Holmes was not a poor loser and never tried to steal attention. There were other children who got upset when they lost.
Barrett would spend time at the Holmes’ house. He remembers going over for the Halloween parties the family would throw.
“I had a great time over there,” he said.
Prosecutors did not ask Barrett any questions, and he stepped down.
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11:58 a.m.
Higgs called Patrick Silva to the stand.
Silva lives in California and is studying to be a chiropractor. He’s in his last year of school.
Silva looked at Holmes when asked to identify Holmes.
“Yeah, that’s Jimmy,” he said.
The two met in middle school playing basketball. They also played soccer together in high school.
Silva remembers Holmes on the high school soccer team. He was a “very funny, very sweet, quiet kid.”
“He kind of flew under the radar. Didn’t cause a lot of trouble at all,” he said.
The two didn’t really hang out when practice was done.
“I remember him best from JV soccer,” he said.
The two both played defense together.
Silva remembers Holmes being a “really great basketball player.” He was a good teammate. He was “ready to win.”
“We didn’t win a whole lot,” Silva said. “It’s mostly for fun.”
“We all got along,” Silva said.
Holmes was a good team player.
“He’s one of the players that I do remember because his goals were not his own goals they were the team’s goals,” Silva said.
Jordan Steffen: 303-954-1794, jsteffen@denverpost.com or
