“Count one, Jonathan Blunk. Count two, Alexander Boik. Count three, Jesse Childress. Count four, Gordon Cowden. Count five, Jessica Ghawi. Count six, John Larimer. Count seven, Matthew McQuinn. Count eight, Micayla Medek. Count nine, Veronica Moser-Sullivan. Count ten, Alex Sullivan. Count eleven, Alexander Teves. Count twelve, Rebecca Wingo.” — Judge Carlos Samour, reciting the first 12 counts against defendant James Holmes during jury instructions, Tuesday, July 14, 2015.
Judge Carlos Samour prefaced closing arguments Tuesday morning by reading a list of 31 jury instructions. These comprehensive instructions, which the judge and attorneys from both sides have discussed at length throughout the trial, are intended to instruct jurors what reasoning they must use to determine whether defendant James Holmes is guilty of each of the 165 charges levied against him.
The instructions reminded jurors that charges against the defendant are not evidence; that every person is presumed innocent until proven guilty beyond a reasonable doubt; and that the number of witnesses testifying for or against a certain fact does not, by itself, prove or disprove that fact. Jurors were told that they are solely responsible for judging witness’ testimony, and are not bound by expert testimony. The judge defined “direct” and “circumstantial” evidence and explained that both can be used to find the defendant guilty of a charge. However, evidence admitted during trial for only a limited purpose may only be used for that purpose.
The judge reminded jurors that every defendant has the constitutional right not to testify, and they should not hold a defendant’s decision not to testify against him. Before reading each of the 165 charges against defendant James Holmes, Samour clarified that each charge is distinct and that a verdict on one count should be considered separately from verdicts on any other charge.
Samour then read each of the 165 charges against Holmes, listing the names of the victims associated with each charge. Holmes killed 12 people and injured 70 in his attack on the Aurora Century 16 movie theater on July 19, 2012. He faced two counts for each victim: For those who perished, the counts are murder in the first degree with deliberation and murder in the first degree with extreme indifference. For those who survived, the charges are the same except that they are for attempted murder. To reach a guilty verdict, jurors must find that the defendant fulfills certain requirements, including that he was not insane at the time of the crime. For every charge, if jurors do not find the defendant guilty of murder in the first degree, they can find him guilty of murder in the second degree or manslaughter.
More instructions define important terms to the case, like “culpable mental state,” “voluntary mental act,” “victim” and “deadly weapon.” The judge also outlined the defense team’s strategy — that Holmes committed the crime but suffered from a delusion and was insane when he did so — and explained requirements for the insanity defense under Colorado state law. Samour reminded jurors that the prosecution is responsible for proving the defendant’s sanity beyond a reasonable doubt. If found not guilty by reason of insanity, Holmes will be sentenced to the Colorado Mental Health Institute in Pueblo and will never again be tried for the crimes charged.
The remaining jury instructions detailed how jurors should fill out verdict forms, ask questions during trial and select a jury foreperson. The jury is currently composed of 19 people: 12 jurors to deliberate and seven alternates. All jurors have watched every day of trial, unaware who will ultimately deliberate. Alternates, who will be notified of their status after closing arguments, must still appear at the courthouse during deliberation. They will not be allowed to deliberate or to speak to other jurors, the public or one another about the trial.
Judge Samour called a break after completing the jury instructions. Closing arguments will begin after the break.
Editor’s note: CU News Corps will honor the victims of this tragedy with every post via the following graphic.
