Published: July 14, 2015 By
Prosecution’s case of insanity rests now with jury

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Aurora theater shooting victims walk toward the front doors of the Arapahoe County Justice Center, where the shooter is on trial.

CENTENNIAL, Colo.—The case — and the fate — of the Aurora theater shooter is now in the hands of 12 of his peers.

On the morning of April 27, when the trial began nearly three months ago, prosecuting attorney George Brauchler’s two-hour opening statement rattled the emotions of jurors, theater victims and their loved ones, and reporters in the courtroom. Much like in his opening, Brauchler detailed the horror of the July 20, 2012 massacre in his closing argument Tuesday afternoon.

But the jury displayed dry eyes and calm demeanors as both sides made their final pleas for a verdict in favor of their argument. The defense argues the shooter was legally insane when he killed 12 people and injured 70 more in the Aurora movie theater. During the last few months, the prosecution has had the burden to prove to the jury that the defendant knew right from wrong and knowingly, with deliberation and intent, committed the violent acts.

The attorneys recapped their cases in near entirety. Brauchler outlined the shooter’s meticulous and secretive planning for his killing spree and displayed photos of deceased victims and surviving victims’ bloody wounds.

“By May 10, 2012 (the shooter) already knew what he was going to do,” Brauchler said. “And that was to go to the theater and kill as many people as possible.”

Defense attorney Dan King reiterated his claim that the defendant was suffering from severe mental illness, evidenced by his “psychotic ramblings” and “disorganized thinking”, and that a mental defect drove the shooter to open fire on a crowded theater. King spoke continuously for the two hours allotted by the court, less like his opponent, whose speech was suspended more frequently by objections and bench conferences. The shooter’s attorney sometimes lifted his arms above his head and shook them when he spoke with audibly increased vigor.

“Facts do not cease to exist because they are ignored,” King began, later stating, that, “The fact of the matter is, when (the defendant) stepped into that theater July 20, 2012, he’d lost touch with reality.”

The gallery was full. Families of deceased and surviving victims filled half of the room, including the parents of Jessica Ghawi, John Larimer and Alex Teves, who’ve been in court on most days since April. During a brief recess, the shooter’s parents stood outside the courtroom doors, next to one of their son’s victims, Caleb Medley. Medley, who was an aspiring comedian before the shooting, lost an eye and his ability to verbally communicate and is now confined to a wheelchair.

About an hour into King’s presentation on why the jury should find his client not guilty by reason of insanity, one victim’s mother abruptly left, quietly uttering the words, “I can’t take this.”

When the prosecution displayed a photo of Josh Nowlan’s injuries, Nowlan buried his face in his hand and stifled a cry in the back of the courtroom. Nowlan walks with a cane now, and during Brauchler’s closing argument he frequently reached down to massage his leg.

The jury will begin deliberations tomorrow morning. Should they find the defendant sane, they will have to deliberate again on the 165 charges he faces to decide his punishment: life in prison or the death penalty.

And while jurors work to reach a unanimous decision, people from around the world are sending “Love to Aurora”.

Editor’s note: CU News Corps will honor the victims of this tragedy with every post via this graphic. 

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