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The defendant watches emergency room surveillance video of himself during what the defense says was a breakdown
CENTENNIAL, Colo. — Eleven weeks after passionately imploring jurors to save his client’s life, public defender Dan King rested his case without fully standing up.
His announcement Friday morning came abruptly, in response to Judge Carlos Samour’s request for King to call his next witness.
King leaned over the defense table to reach the microphone.
“Judge,” he said, “we have decided not to play any more of the exhibit, which was” —he told the court to “hold on one minute” as he conferred with his team— “ETR 76.”
“So at this time, the defense rests,” he said.
King’s client, James Holmes, is on trial for killing 12 people and injuring 70 after firing into the crowded Aurora Century 16 movie theater on July 19, 2012. He has pled not guilty by reason of insanity.
Prosecutor George Brauchler turned down a plea deal which would sentence Holmes to life in prison in exchange for a guilty plea. He seeks the death penalty against Holmes. Brauchler surprised the court by announcing he wouldn’t call any more witnesses for rebuttal.
“Your honor, the people don’t see the need to put on a rebuttal case at this time,” he said, bringing the testimony phase of the trial to an end. Many expected the prosecution to call psychiatrist Dr. Phillip Resnick before closing arguments.
The 47th and final day of testimony consisted largely of video footage from Holmes’ infamous prison “episode” from late November 2012, four months after his arrest. Over two separate videos, the agitated defendant writhes on the floor of his cell, naked, and smears a dark substance — determined throughout the trial to be feces — on himself and the cell. The defense team used the video to convey the severity of the defendant’s mental condition while in prison. But the videos, prosecutor Karen Pearson reminded the court during cross examination, were taken months after the crime.
After both sides rested, jurors were dismissed until Tuesday, when opening statements will begin. The schedule for Tuesday is as follows:
Prosecution
Lunch break
Defense
Prosecution.
According to Colorado’s rules of law, the prosecution must prove the defendant’s sanity at the time of the crime beyond a reasonable doubt.
Jury deliberations, for which there is no time limit, will begin the following day. It is unclear how long deliberations will take, but the court will not announce the verdict until three hours after it is reached. This gives victims, families and media time to arrive at the courthouse.
For a deeper look at what happens next, see Carol McKinley’s postĚý.
Editor’s note: CU News Corps will honor the victims of this tragedy with every post via this graphic.Ěý