CENTENNIAL, Colo. 鈥� Judge Carlos Samour Jr. dismissed three jurors Tuesday in the Aurora theater shooting case after learning that all three had been exposed to news coverage of the trial of James Holmes, who killed 12 people and injured 70 more during a midnight movie showing in July 2012.
Proceedings stopped abruptly this morning when one juror alerted the judge to another鈥檚 breach of an important advisement: do not talk to anyone about the case.
Juror 872 allegedly discussed a twitter post and potential mistrial on separate occasions with or in front of other jurors during break. Jurors 412, 495, 535 and 673 were within earshot.
鈥淭his is an enormous issue,鈥� said University of Denver law professor Karen Steinhauser, who previously worked both as a prosecutor and defense attorney. 鈥淭he main concern for everybody is the integrity of the process. The integrity of the trial, of the jurors deciding this case based on not what they鈥檝e read or heard outside the courtroom, but the evidence and the facts presented in court.鈥�
The judge individually questioned each juror involved, and ultimately excused jurors 872, 412, and 495 from jury duty. Steinhauser said they were released because of Samour鈥檚 concern that information might affect the jurors鈥� ability to be fair. Jurors 673 and 535 were retained.
Court resumed with three empty seats in the jury box. Holmes鈥� defense team听aims to convince the jury that defendant James Holmes is not guilty by reason of insanity, while the prosecution wants the death penalty.
鈥淢r. Holmes wasn鈥檛 faking a mental illness, there鈥檚 no question he has an illness,鈥� said Dr. Jeffrey Metzner, the psychiatrist who conducted the defendant鈥檚 first sanity exam, upon returning to the stand this afternoon. He also clarified that when CU psychiatrist Dr. Lynne Fenton prescribed Zoloft to the defendant, it was to treat his obsessive compulsive symptoms, not depression.
Metzner believes that the Zoloft had no effect on the defendant鈥檚 ability to distinguish right from wrong, although 鈥渋t could have temporarily made his condition worse.鈥� Yesterday it was established that despite agreeing with psychiatrist Dr. William Reid 鈥� the second court appointed psychiatrist 鈥� that the defendant was legally sane at the time of the shooting, Metzner also believes that he was psychotic.
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Agent Dale Mikio Higashi of the Colorado Bureau of Investigation came to the stand next as an expert witness in forensic examinations of ballistics, firearms and toolmarks. He walked the jury through the workings of the types of guns the defendant used in his massacre: a shotgun, a rifle and a .40-caliber Glock handgun. He demonstrated with weapons made safe for the court.
The defendant鈥檚 ex-girlfriend is expected to testify tomorrow; because of delays relating to the jury, she did not take the stand today.
Chris Holmes, the defendant鈥檚 younger sister, will take the witness stand. Aside from yesterday, her first day in the courthouse, she has had very little contact with her brother since he walked into the Aurora Century 16 movie theater and opened fire on July 20, 2012. At this point it is unclear when she will testify.
Court will resume tomorrow at 8:40 a.m.
Editors note: CU News Corps will honor the victims of this tragedy with every post via this graphic.听
