Defense, prosecution rest in Aurora theater shooting trial

Day 47 starts with the judge saying there will be a three hour notice once jurors reach a verdict.(Arapahoe County)

CENTENNIAL -- At 10:47 a.m. Friday, after 256 witnesses and 47 days of courtroom proceedings,the testimony phase in the Aurora theater shooting trial came to a close.

"At this time, the defense rests," said Dan King, one of five attorneys representing the defendant.

Almost immediately, the mood in the courtroom changed. The gravity and seriousness of the pastthree months seemed to lift as victims' families hugged, and jurors appeared giddy over the news ofbeing dismissed for a long weekend before lunch.

Even Judge Carlos Samour Jr. seemed ready to move on as he nearly forgot to admonish the juryabout discussing the trial or watching the news during the three-day break before closing argumentsTuesday. A staff member reminded the judge as the jury stood to leave.

For families, the end of testimony eased tension that had been building since July 20, 2012, whenJames Holmes walked into the Century Aurora 16 movie theater and gunned down dozens of peoplewatching a midnight premiere of "The Dark Knight Rises." Twelve died, and 70 were injured.

Sandy Phillips, whose daughter Jessica Ghawi died in the theater shooting, said she and other familymembers were teary-eyed as the defense rested.

"Emotions definitely were running high today," said Phillips, who has missed just one day of the trial."We were looking at one another and going, 'It's almost over. It's almost over.' We've been livingwith this for so long. It's hard not to get weepy."

No longer will families have to see pictures of their loved ones' bodies or hear gruesome details fromcoroners' reports or watch video footage of the killer as he discusses his actions with psychiatrists.

"We've had to be quiet in the courtroom," Phillips said. "We've had to hold our emotions. It's a deepbreath, and we can blow it out.

"To know that part of it is behind us feels good."

On Friday, the defense wrapped up its case, in which attorneys sought to prove their client waslegally insane when he fired into the crowded movie theater. Since June 25, they presented evidenceand testimony to try to prove he was schizophrenic and suffered from delusions that controlled hisactions.

Those delusions, the defense argued, led their client to believe that he needed to kill people to addvalue to his life.

The defense team's star witness, Dr. Raquel Gur, a University of Pennsylvania psychiatrist whospecializes in schizophrenia research, determined he was insane. She spent 2½ days presenting anddefending her findings.

The prosecution had presented testimony from two court-appointed forensic psychiatrists whodeclared Holmes sane at the time of the killings.

On Friday, the defense showed about 45 minutes of video footage taken of Holmes after his arrest.The team's witness, defense investigator John Gonglach, explained how the videos were obtained.

He also presented papers that Holmes wrote while in jail that attorney Rebekka Higgs described as"galactic colonization writings." Jurors were given copies and allowed to read them silently in court.

In one 15-minute video clip from inside a cell at the Arapahoe County jail, a naked Holmes was seenhuddled against a wall before stepping back and hunkering down like an NFL linebacker ready tomake a tackle. He ran headfirst into the wall, knocking himself to the floor.

Eventually, deputies entered the cell and restrained him.

The second clip, recorded by surveillance video in November 2012 at Denver Health, showedHolmes restless and agitated while restrained in a hospital bed.

He repeatedly kicked at his sheets and blankets while trying to cover his head underneath. Hospitalsecurity workers and nurses tried to calm him over and over.

There was no audio with either video.

Once the defense rested, District Attorney George Brauchler said he would not present a rebuttal tothe defense's case.

"The people don't see a need to put on a rebuttal case at this time," he said.

An observer said the prosecution was reducing its risk of alienating jurors.

"The prosecution is gambling that the jury is simply ready to have the case," said Denver attorneyDavid M. Beller. "Once attorneys start quibbling over mundane details such as how long a particularreport is, how many minutes or hours it takes for a proper diagnosis, or the tone of voice a witnessuses, they start losing jurors. An annoyed or resentful juror is detrimental to a case, andundoubtedly court watchers are advising the attorneys to wrap things up."

Closing arguments are scheduled to begin Tuesday morning, exactly three months after a jury wasseated. The trial began April 27.

Each side gets two hours to summarize its case. The prosecution will go first, followed by thedefense. The prosecution then gets a chance for rebuttal. Brauchler and King will deliver theclosings.

The seven alternate jurors will be sequestered at the courthouse while the 12 deliberate.

Once a verdict is reached, Samour said he will give three hours of notice to allow attorneys, victimsand their families to get to the courthouse.

Deliberations will bring a new kind of tension for the victims and their families, Phillips said.

She said she has faith that Brauchler and his team have been convincing.

"It's all about his closing, and then it will be all about what the jury thinks," Phillips said. "Once wehave an outcome, I'll never have to see that killer's face again."

If jurors find Holmes guilty, the trial would then shift to a penalty phase, with more testimony.Prosecutors are seeking the death penalty.

Noelle Phillips: 303-954-1661, nphillips@ denverpost.com or twitter.com/Noelle_Phillips

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