REDACTED - CO Courts · jury trial - day 100 . july 8, 2015 . judge samour reporter: troyanek all...

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7/08/2015 Minute Order (print) Event ID: 000874 E-Filed: N JURY TRIAL - DAY 100 JULY 8, 2015 JUDGE SAMOUR REPORTER: TROYANEK ALL DAY DEFENDANT APPEARS IN CUSTODY WITH HIS ATTORNEYS TAMARA BRADY, DAN KING, REBEKKA HIGGS, KATHERINE SPENGLER, AND KRISTEN NELSON. THE PEOPLE ARE REPRESENTED BY GEORGE BRAUCHLER, JACOB EDSON, KAREN PEARSON, RICH ORMAN, AND LISA TEESCH-MAGUIRE. A WITNESS TESTIFIES. FOR THE REASONS STATED ON THE RECORD, THE COURT SUSTAINS THE PEOPLE'S OBJECTION TO D-TR-97, A VIDEO OF THE INTERVIEW OF THE DEFENDANT CONDUCTED BY HIS INVESTIGATORS IN NOVEMBER 2012 AT THE HOSPITAL. D-TR-97 IS RETURNED TO THE DEFENSE AS THE COURT ALREADY HAS A COPY OF THE VIDEOTAPED INTERVIEW AS A COURT EXHIBIT (C-TR-79). WITHOUT OBJECTION, THE COURT GRANTS THE DEFENSE'S REQUEST FOR THE PEOPLE TO PROVIDE A LIST OF REBUTTAL WITNESSES TO THE DEFENSE. THE COURT GRANTS THE DEFENSE'S REQUEST FOR COPIES OF EXHIBITS THAT WERE MARKED WHILE WITNESSES WERE TESTIFYING. COURTESY COPIES WILL BE GIVEN TO THE PEOPLE. /AG 7/09/2015 Minute Order (print) Event ID: 000867 E-Filed: N JURY TRIAL - DAY 101 JULY 9, 2015 JUDGE SAMOUR REPORTER: CARLIN ALL DAY DEFENDANT APPEARS IN CUSTODY WITH HIS ATTORNEYS TAMARA BRADY, DAN KING, REBEKKA HIGGS, KATHERINE SPENGLER, AND KRISTEN NELSON. THE PEOPLE ARE REPRESENTED BY GEORGE BRAUCHLER, JACOB EDSON, KAREN PEARSON, RICH ORMAN, AND LISA TEESCH-MAGUIRE. THE COURT SUPPLEMENTS THE RECORD REGARDING AN OBJECTION TO TESTIMONY BY DR. GUR YESTERDAY AFTERNOON. AFTER THE DEFENSE MAKES FURTHER ARGUMENT REGARDING EXHIBIT D-TR-97, THE COURT STANDS BY ITS RULING YESTERDAY TO SUSTAIN THE PEOPLE'S OBJECTION TO THE EXHIBIT. A WITNESS TESTIFIES. NO EXHIBITS ARE ADMITTED. FOR THE REASONS STATED ON THE RECORD, THE COURT SUSTAINS THE DEFENSES OBJECTIONS TO EXHIBITS P-TR-1260 AND P-TR-1261. THESE EXHIBITS ARE LATER LABELED C-TR-84 AND C-TR-85 RESPECTIVELY FOR REVIEW PURPOSES. THE COURT GIVES THE DEFENDANT A CURTIS ADVISEMENT. THE DEFENDANT CHOOSES NOT TO TESTIFY AND THE COURT FINDS HIS DECISION TO BE KNOWING, VOLUNTARY, AND INTELLIGENT. /CMR 7/10/2015 Order Event ID: 000863 E-Filed: N THE COURT ENTERS ORDER SUPPLEMENTING RULING ON MAY 11, 2015 (C-211). COPIES SENT VIA EMAIL TO KAREN PEARSON, RICH ORMAN, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, KRISTEN NELSON, AND CHRISTINA TAYLOR. /CMR 7/10/2015 Minute Order (print) Event ID: 000868 E-Filed: N JURY TRIAL - DAY 102 JULY 10, 2015 JUDGE SAMOUR REPORTER: TROYANEK ALL DAY DEFENDANT APPEARS IN CUSTODY WITH HIS ATTORNEYS TAMARA BRADY, DAN KING, REBEKKA HIGGS, KATHERINE SPENGLER, AND KRISTEN NELSON. THE PEOPLE ARE REPRESENTED BY GEORGE BRAUCHLER, JACOB EDSON, KAREN PEARSON, RICH ORMAN, AND LISA TEESCH-MAGUIRE. OVER THE DEFENSE'S OBJECTION, AND FOR THE REASONS STATED ON THE RECORD, THE COURT WILL NOTIFY THE JURY LATER TODAY THAT WHEN THEY REACH A VERDICT, REDACTED

Transcript of REDACTED - CO Courts · jury trial - day 100 . july 8, 2015 . judge samour reporter: troyanek all...

Page 1: REDACTED - CO Courts · jury trial - day 100 . july 8, 2015 . judge samour reporter: troyanek all day . defendant appears in custody with his attorneys tamara brady, dan king, rebekka

7/08/2015 Minute Order (print) Event ID: 000874 E-Filed: N JURY TRIAL - DAY 100 JULY 8, 2015 JUDGE SAMOUR REPORTER: TROYANEK ALL DAY DEFENDANT APPEARS IN CUSTODY WITH HIS ATTORNEYS TAMARA BRADY, DAN KING, REBEKKA HIGGS, KATHERINE SPENGLER, AND KRISTEN NELSON. THE PEOPLE ARE REPRESENTED BY GEORGE BRAUCHLER, JACOB EDSON, KAREN PEARSON, RICH ORMAN, AND LISA TEESCH-MAGUIRE. A WITNESS TESTIFIES. FOR THE REASONS STATED ON THE RECORD, THE COURT SUSTAINS THE PEOPLE'S OBJECTION TO D-TR-97, A VIDEO OF THE INTERVIEW OF THE DEFENDANT CONDUCTED BY HIS INVESTIGATORS IN NOVEMBER 2012 AT THE HOSPITAL. D-TR-97 IS RETURNED TO THE DEFENSE AS THE COURT ALREADY HAS A COPY OF THE VIDEOTAPED INTERVIEW AS A COURT EXHIBIT (C-TR-79). WITHOUT OBJECTION, THE COURT GRANTS THE DEFENSE'S REQUEST FOR THE PEOPLE TO PROVIDE A LIST OF REBUTTAL WITNESSES TO THE DEFENSE. THE COURT GRANTS THE DEFENSE'S REQUEST FOR COPIES OF EXHIBITS THAT WERE MARKED WHILE WITNESSES WERE TESTIFYING. COURTESY COPIES WILL BE GIVEN TO THE PEOPLE. /AG 7/09/2015 Minute Order (print) Event ID: 000867 E-Filed: N JURY TRIAL - DAY 101 JULY 9, 2015 JUDGE SAMOUR REPORTER: CARLIN ALL DAY DEFENDANT APPEARS IN CUSTODY WITH HIS ATTORNEYS TAMARA BRADY, DAN KING, REBEKKA HIGGS, KATHERINE SPENGLER, AND KRISTEN NELSON. THE PEOPLE ARE REPRESENTED BY GEORGE BRAUCHLER, JACOB EDSON, KAREN PEARSON, RICH ORMAN, AND LISA TEESCH-MAGUIRE. THE COURT SUPPLEMENTS THE RECORD REGARDING AN OBJECTION TO TESTIMONY BY DR. GUR YESTERDAY AFTERNOON. AFTER THE DEFENSE MAKES FURTHER ARGUMENT REGARDING EXHIBIT D-TR-97, THE COURT STANDS BY ITS RULING YESTERDAY TO SUSTAIN THE PEOPLE'S OBJECTION TO THE EXHIBIT. A WITNESS TESTIFIES. NO EXHIBITS ARE ADMITTED. FOR THE REASONS STATED ON THE RECORD, THE COURT SUSTAINS THE DEFENSES OBJECTIONS TO EXHIBITS P-TR-1260 AND P-TR-1261. THESE EXHIBITS ARE LATER LABELED C-TR-84 AND C-TR-85 RESPECTIVELY FOR REVIEW PURPOSES. THE COURT GIVES THE DEFENDANT A CURTIS ADVISEMENT. THE DEFENDANT CHOOSES NOT TO TESTIFY AND THE COURT FINDS HIS DECISION TO BE KNOWING, VOLUNTARY, AND INTELLIGENT. /CMR 7/10/2015 Order Event ID: 000863 E-Filed: N THE COURT ENTERS ORDER SUPPLEMENTING RULING ON MAY 11, 2015 (C-211). COPIES SENT VIA EMAIL TO KAREN PEARSON, RICH ORMAN, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, KRISTEN NELSON, AND CHRISTINA TAYLOR. /CMR 7/10/2015 Minute Order (print) Event ID: 000868 E-Filed: N JURY TRIAL - DAY 102 JULY 10, 2015 JUDGE SAMOUR REPORTER: TROYANEK ALL DAY DEFENDANT APPEARS IN CUSTODY WITH HIS ATTORNEYS TAMARA BRADY, DAN KING, REBEKKA HIGGS, KATHERINE SPENGLER, AND KRISTEN NELSON. THE PEOPLE ARE REPRESENTED BY GEORGE BRAUCHLER, JACOB EDSON, KAREN PEARSON, RICH ORMAN, AND LISA TEESCH-MAGUIRE. OVER THE DEFENSE'S OBJECTION, AND FOR THE REASONS STATED ON THE RECORD, THE COURT WILL NOTIFY THE JURY LATER TODAY THAT WHEN THEY REACH A VERDICT,

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THERE WILL BE A DELAY OF THREE HOURS BEFORE THE VERDICT IS READ IN OPEN COURT. THE DEFENSE CALLS A WITNESS TO TESTIFY. ADDITIONALLY, THE DEFENSE PUBLISHES A PREVIOUSLY ADMITTED EXHIBIT AND PART OF ANOTHER PREVIOUSLY ADMITTED EXHIBIT. THE DEFENSE RESTS. THE PEOPLE DO NOT HAVE A REBUTTAL CASE. THE COURT NOTIFIES THE JURY OF SOME GENERAL PROCEDURES FOR NEXT WEEK. THE JURY IS RELEASED AT LUNCH TIME AND INSTRUCTED TO RETURN AT NINE O'CLOCK ON TUESDAY, JULY 14, FOR JURY INSTRUCTIONS AND CLOSING ARGUMENTS. THE COURT NOTIFIES THE PARTIES THAT THEY SHOULD ALERT COURT STAFF OF ANY EXHIBITS THEY NEED FOR CLOSING ARGUMENTS BY THREE O’CLOCK ON MONDAY, JULY 13. DEFENSE COUNSEL STATE THAT THEY HAVE FOUND SOME DISCREPANCIES BETWEEN THEIR EXHIBIT LIST AND THE COURT'S EXHIBIT LIST. THE PEOPLE'S LIST APPARENTLY DOES NOT SHOW ANY DISCREPANCIES WITH THE COURT'S LIST. THE DEFENSE WILL CONFER ON THESE DISCREPANCIES WITH THE PEOPLE AND WILL THEN NOTIFY COURT STAFF ON MONDAY MORNING REGARDING ANY REMAINING ISSUES. THE DEFENSE MAKES A RECORD THAT IF THERE IS A SENTENCING PHASE, SOME OF THEIR WITNESSES ARE NOT AVAILABLE IN JULY AND REQUESTS THAT THEIR TESTIMONY, INCLUDING ANY CROSS- EXAMINATION, BE RECORDED ON VIDEO TO PLAY FOR THE JURY AT A LATER DATE. THE PEOPLE OPPOSE THE PROCEDURE AND THE COURT FINDS THE ISSUE IS NOT RIPE FOR RULING. THE COURT HOLDS A JURY INSTRUCTION CONFERENCE IN THE AFTERNOON. THE DEFENSE MAKES ARGUMENT FOR HAVING OPENING STATEMENTS DURING THE PENALTY PHASE OF THE TRIAL, IF THERE IS A PENALTY PHASE. THE PEOPLE OBJECT. THE COURT GRANTS THE DEFENSE'S REQUEST AND WILL ALLOW TWO MINUTES FOR OPENING STATEMENTS BEFORE PHASE 2, IF THERE IS A PHASE 2, AND TWO MINUTES FOR OPENING STATEMENTS BEFORE PHASE 3, IF THERE IS A PHASE 3. IN PHASE 2, THE DEFENSE WILL PRESENT ITS OPENING STATEMENT FIRST AND IN PHASE 3 THE PEOPLE WILL PRESENT THEIR OPENING STATEMENT FIRST. THERE IS NO NEED FOR OPENING STATEMENTS IN PHASE 1 BECAUSE THE PARTIES AGREE THAT NO EVIDENCE WILL BE PRESENTED IN PHASE 1. THE DEFENSE RENEWS ITS MOTION FOR JUDGMENT OF ACQUITTAL FOR THE SAME REASONS STATED FOLLOWING THE END OF THE PEOPLE'S CASE IN CHIEF. THE COURT DENIES THE MOTION FOR ALL THE REASONS STATED WHEN IT DENIED THE FIRST MOTION FOR JUDGMENT OF ACQUITTAL. THE PARTIES WILL RECONVENE ON MONDAY, JULY 13, 2014, AT NINE O’CLOCK TO ATTEMPT TO FINALIZE THE JURY INSTRUCTIONS. /CMR 7/13/2015 Filing Other Event ID: 000864 E-Filed: N DEF/ HOLMES, JAMES EAGAN SUBMISSION OF DEFENDANT'S ADDITIONAL MERITS PHASE JURY INSTRUCTIONS AND RE-SUBMISSION OF DEFENDANT'S PREVIOUSLY PROPOSED MERITS PHASE INSTRUCTIONS WITH NUMBERS (D-291) SUBMITTED BY COUNSEL FOR THE DEFENDANT STD 201 7 13 15 ****UPDATED 7 17 15 PER ORDER C-212 DATED 7 13 15 THIS MOTION IS STRICKEN AS IMPROPERLY FILED*** 7/13/2015 Filing Other Event ID: 000865 E-Filed: N DEF/ HOLMES, JAMES EAGAN SUBMISSION OF DEFENDANT'S REQUESTED REVISIONS TO COURT'S DRAFT VERDICT FORMS AND INSTRUCTIONS THAT PERTAIN TO VERDICT FORMS (D-292) FILED BY COUNSEL FOR THE DEFENDANT STD 201 7 13 15 /LKO ***UPDATED 7 17 15 PER ORDER C-212 DATED 7 13 15 THIS MOTION IS STRICKEN AS IMPROPERLY FILED*** /JR

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7/13/2015 Order Event ID: 000866 E-Filed: N THE COURT ENTERS ORDER STRIKING MOTIONS D-291 AND D-292 AS IMPROPERLY FILED (C-212). COPIES SENT VIA EMAIL TO KAREN PEARSON, RICH ORMAN, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, KRISTEN NELSON, AND CHRISTINA TAYLOR. /AG 7/13/2015 Notice Filed Event ID: 000869 E-Filed: N THE COURT ENTERS NOTICE OF LABELING AS "C-213" COURT'S THIRD SET OF DRAFT JURY INSTRUCTIONS AND VERDICT FORMS. COPIES SENT VIA EMAIL TO KAREN PEARSON, RICH ORMAN, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, KRISTEN NELSON, AND CHRISTINA TAYLOR. /CMR 7/13/2015 Minute Order (print) Event ID: 000877 E-Filed: N JURY TRIAL - DAY 103 JULY 13, 2015 JUDGE SAMOUR REPORTER: MARTIN ALL DAY DEFENDANT APPEARS IN CUSTODY WITH HIS ATTORNEYS TAMARA BRADY, DAN KING, REBEKKA HIGGS, KATHERINE SPENGLER, AND KRISTEN NELSON. THE PEOPLE ARE REPRESENTED BY GEORGE BRAUCHLER, JACOB EDSON, KAREN PEARSON, RICH ORMAN, AND LISA TEESCH-MAGUIRE. THE COURT STRIKES DEFENSE PLEADINGS D-291 AND D-292 AS IMPROPERLY FILED. THE COURT WILL ISSUE A WRITTEN ORDER STRIKING THE PLEADINGS LATER TODAY. THE COURT HOLDS A JURY INSTRUCTIONS CONFERENCE, AND THE JURY INSTRUCTIONS AND VERDICT FORMS ARE FINALIZED. THE PARTIES HAVE NO OBJECTION TO THE ADMONITIONS THE COURT PLANS TO POST IN THE ROOM WHERE THE ALTERNATE JURORS WILL BE SEQUESTERED WHILE THE JURY DELIBERATES. A COPY OF THESE ADMONISHMENTS WILL BE GIVEN TO THE PARTIES. AT THE BENCH, THE COURT AND THE PARTIES REVIEW THE LIST OF DELIBERATING JURORS AND ALTERNATE JURORS TO MAKE SURE EVERYONE AGREES ON WHO THE DELIBERATING JURORS ARE. THE PARTIES WILL LET THE COURT KNOW TOMORROW IF THEIR NOTES DIFFER FROM THE COURT’S NOTES IN THIS REGARD. THE DEFENSE REQUESTS THAT THE COURT ORDER THE VIDEOTAPED DEPOSITION TESTIMONY OF SIX OF THE DEFENSE’S MITIGATION WITNESSES WHO MAY NOT BE AVAILABLE DURING A SENTENCING HEARING, IF A SENTENCING HEARING IS NEEDED. ALTERNATIVELY, THE DEFENSE ASKS THE COURT TO SET A HARD DATE OF JULY 27, 2015 FOR THE BEGINNING OF PHASE 2 OF A SENTENCING HEARING. THE PEOPLE OBJECT TO BOTH REQUESTS. BECAUSE THE COURT HAS INSUFFICIENT INFORMATION BEFORE IT, IT GRANTS THE DEFENSE LEAVE TO FILE INFORMATION IN WRITING REGARDING THE WITNESSES ALLEGED UNAVAILABILITY. THE COURT DENIES THE DEFENSES REQUEST TO SET A HARD DATE TO START PHASE 2 OF A SENTENCING HEARING, SHOULD A SENTENCING HEARING BECOME NECESSARY, WITHOUT FIRST RESOLVING THE ISSUE RELATED TO THE POTENTIAL UNAVAILABILITY OF THE SIX DEFENSE WITNESSES. /JRZ 7/14/2015 Filing Other Event ID: 000870 E-Filed: N DEF/ HOLMES, JAMES EAGAN SUBMISSION OF DEFENDANT'S ADDITIONAL MERITS PHASE JURY INSTRUCTIONS AND RE-SUBMISSION OF DEFENDANT'S PREVIOUSLY PROPOSED MERITS PHASE INSTRUCTIONS WITH NUMBERS (D-291A) SUBMITTED BY COUNSEL FOR THE DEFENDANT STD 201 7 14 15

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/14/2015 Filing Other Event ID: 000871 E-Filed: N DEF/ HOLMES, JAMES EAGAN SUBMISSION OF DEFENDANT'S REQUESTED REVISIONS TO COURT'S DRAFT VERDICT FORMS AND INSTRUCTIONS THAT PERTAIN TO VERDICT FORMS (D-292A) FILED BY COUNSEL FOR THE DEFENDANT STD 201 7 14 15 /LKO 7/14/2015 Minute Order (print) Event ID: 000878 E-Filed: N JURY TRIAL - DAY 104 JULY 14, 2015 JUDGE SAMOUR REPORTER: TROYANEK MORNING; MARTIN AFTERNOON DEFENDANT APPEARS IN CUSTODY WITH HIS ATTORNEYS TAMARA BRADY, DAN KING, REBEKKA HIGGS, KATHERINE SPENGLER, AND KRISTEN NELSON. THE PEOPLE ARE REPRESENTED BY GEORGE BRAUCHLER, JACOB EDSON, KAREN PEARSON, RICH ORMAN, AND LISA TEESCH-MAGUIRE. THE PARTIES ARE IN AGREEMENT REGARDING EXHIBITS THAT HAVE BEEN ADMITTED. THE COURT INFORMS THE PARTIES THAT ALL ADMITTED EXHIBITS WITH THE EXCEPTION OF LIVE AMMUNITION WILL BE GIVEN TO THE DELIBERATING JURORS. IF THE JURORS REQUEST LIVE AMMUNITION, THE AMMUNITION WILL BE GIVEN TO THEM AND THE FIREARMS WILL BE REMOVED FROM THE DELIBERATIONS ROOM. EXHIBIT D-TR-94 HAS BEEN RETURNED TO THE COURT. AT THE REQUEST OF THE PEOPLE, THE ENVELOPE THAT THE EXHIBIT WAS RETURNED IN IS MARKED C-TR-86. THE PARTIES HAVE REVIEWED THE JURY INSTRUCTIONS AND VERDICT FORMS AND DO NOT HAVE ANY FURTHER OBJECTIONS, ADDITIONS, OR MODIFICATIONS. THE PARTIES ALSO HAVE NO ADDITIONAL INSTRUCTIONS TO TENDER. THE COURT READS THE JURY INSTRUCTIONS AND FIVE SAMPLE VERDICT FORMS TO THE JURORS. FOR THE REASONS STATED ON THE RECORD, THE COURT SUSTAINS IN PART AND OVERRULES IN PART OBJECTIONS TO SLIDES THE PEOPLE INTEND TO USE FOR CLOSING ARGUMENTS. THE PARTIES MAKE CLOSING ARGUMENTS. THE DELIBERATING JURORS AND ALTERNATE JURORS ARE IDENTIFIED. THE COURT PROVIDES INSTRUCTIONS REGARDING DELIBERATIONS AND FURTHER ADMONITIONS TO BOTH DELIBERATING AND ALTERNATE JURORS. THE ALTERNATE JURORS WILL BE SEQUESTERED IN A SEPARATE BUILDING IN THE COURTHOUSE COMPLEX WHILE THE JURY DELIBERATES. 7/15/2015 Filing Other Event ID: 000872 E-Filed: N DEF/ HOLMES, JAMES EAGAN FURTHER RECORD REGARDING ORAL REQUEST FOR VIDEO DEPOSITION TESTIMONY OF CERTAIN MITIGATION WITNESSES (D-293) FILED BY COUNSEL FOR THE DEFENDANT STD 201 7 15 15 /LKO 7/15/2015 Order Event ID: 000873 E-Filed: N THE COURT ENTERS ORDER REGARDING ORAL MOTION FOR VIDEO DEPOSITION TESTIMONY OF CERTAIN MITIGATION WITNESSES (D-293). COPIES SENT VIA EMAIL TO KAREN PEARSON, RICH ORMAN, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, AND KRISTEN NELSON, AND CHRISTINA TAYLOR. /JRZ 7/15/2015 Minute Order (print) Event ID: 000879 E-Filed: N JURY TRIAL - DAY 105 JULY 15, 2015 JUDGE SAMOUR REPORTER: MARTIN ALL DAY DEFENDANT APPEARS IN CUSTODY WITH HIS ATTORNEYS TAMARA BRADY, DAN KING, REBEKKA HIGGS, KATHERINE SPENGLER, AND KRISTEN NELSON. THE PEOPLE ARE REPRESENTED BY KAREN PEARSON, RICH ORMAN, AND LISA TEESCH-MAGUIRE.

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THE JURY RETURNS AT 9:00 A.M. AND BEGINS DELIBERATION. THE JURY SUBMITS FOUR QUESTIONS. AFTER CONFERRING WITH THE PARTIES, THE COURT PROVIDES THE JURY WITH WRITTEN RESPONSES. THE DEFENSE ASKS TO BE NOTIFIED IF THE JURY REQUESTS ANY EQUIPMENT TO VIEW VIDEO OR AUDIO EVIDENCE. THE COURT WAS ALREADY PLANNING TO CONFER WITH THE PARTIES IF A REQUEST FOR VIDEO OR AUDIO EQUIPMENT IS MADE, SO THAT REQUEST IS GRANTED. THE PEOPLE HAVE A COPY OF THE PENALTY PHASE INSTRUCTIONS THAT WERE TENDERED AND REJECTED IN THE DUNLAP CASE AND THE FINAL PENALTY PHASE INSTRUCTIONS THAT WERE GIVEN TO THE JURY IN THAT CASE. WITHOUT OBJECTION, THE PEOPLE WILL SUBMIT THE DUNLAP INSTRUCTIONS TO THE COURT’S STAFF VIA EMAIL. THE DEFENSE IS GIVEN LEAVE TO SUBMIT PROPOSED PENALTY PHASE INSTRUCTIONS. THE DEFENSE IS ALSO GIVEN LEAVE TO SUBMIT A REDLINE VERSION OF ITS PROPOSED CHANGES TO THE PEOPLE’S TENDERED PENALTY PHASE INSTRUCTIONS, WHICH MAY INCLUDE A BRIEF EXPLANATION OF EACH REDLINE CHANGE. THE DEFENSE ASKS TO MAKE A FURTHER RECORD ABOUT THE SIX MITIGATION WITNESSES WHO MAY NOT BE AVAILABLE DURING A SENTENCING HEARING, IF A SENTENCING HEARING IS NEEDED. THE REQUEST IS DENIED BECAUSE THE COURT PREVIOUSLY GRANTED THE DEFENSE LEAVE TO SUBMIT THIS INFORMATION IN WRITING. ADDITIONALLY, THE COURT DOES NOT WANT TO HOLD DEATH PENALTY PROCEEDINGS WHILE THE JURY IS DELIBERATING. THE JURY ADJOURNS FOR THE EVENING AT 4:30 P.M. THE JURY WILL RESUME DELIBERATIONS TOMORROW AT 8:15 A.M. /JRZ 7/16/2015 Order Event ID: 000875 E-Filed: N THE COURT ENTERS AMENDED ORDER REGARDING ORAL MOTION FOR VIDEO DEPOSITION TESTIMONY OF CERTAIN MITIGATION WITNESSES (C-293-A). COPIES SENT VIA EMAIL TO KAREN PEARSON, RICH ORMAN, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, KRISTEN NELSON, AND CHRISTINA TAYLOR. /CMR 7/16/2015 Order Event ID: 000876 E-Filed: N THE COURT ENTERS AMENDED ORDER SUPPLEMENTING RULING ON MAY 11, 2015 (C-211-A). COPIES SENT VIA EMAIL TO KAREN PEARSON, RICH ORMAN, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, KRISTEN NELSON, AND CHRISTINA TAYLOR. /CMR 7/16/2015 Affidavit Event ID: 000880 E-Filed: N SUBMISSION OF AFFIDAVIT IN RESPONSE TO COURT ORDER D-293-A (D-294) /LKO 7/16/2015 Order Event ID: 000881 E-Filed: N THE COURT ENTERS NOTICE TO THE PARTIES (C-214). COPIES SENT VIA EMAIL TO KAREN PEARSON, RICH ORMAN, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, AND KRISTEN NELSON, AND CHRISTINA TAYLOR. /JRZ 7/16/2015 Minute Order (print) Event ID: 000885 E-Filed: N JURY TRIAL - DAY 106 JULY 16, 2015 JUDGE SAMOUR REPORTER: TROYANEK ALL DAY DEFENDANT APPEARS IN CUSTODY WITH HIS ATTORNEYS TAMARA BRADY, DAN KING, REBEKKA HIGGS, KATHERINE SPENGLER, AND KRISTEN NELSON. THE PEOPLE ARE REPRESENTED BY GEORGE BRAUCHLER, JACOB EDSON, KAREN PEARSON, RICH ORMAN, AND LISA TEESCH-MAGUIRE. THE JURY RETURNS AT 8:15 A.M. AND BEGINS DELIBERATION. SHORTLY AFTER 1:00 P.M., THE JURY SUBMITS A NOTE TO THE COURT INDICATING THAT IT HAS REACHED A VERDICT ON ALL COUNTS.

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AT APPROXIMATELY 4:10 P.M. THE DELIBERATING JURORS AND ALTERNATES JURORS ARE BROUGHT INTO THE COURTROOM AND THE VERDICTS ARE READ. THE JURY REACHES THE FOLLOWING VERDICTS: COUNT 1: GUILTY MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 2: GUILTY MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 3: GUILTY MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 4: GUILTY MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 5: GUILTY MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 6: GUILTY MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 7: GUILTY MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 8: GUILTY MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 9: GUILTY MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 10: GUILTY MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 11: GUILTY MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 12: GUILTY MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 13: GUILTY MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 14: GUILTY MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 15: GUILTY MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 16: GUILTY MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 17: GUILTY MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 18: GUILTY MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 19: GUILTY MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 20: GUILTY MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 21: GUILTY MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 22: GUILTY MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 23: GUILTY MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 24: GUILTY MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 25: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 26: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 27: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 28: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 29: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 30: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 31: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 32: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 33: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 34: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 35: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 36: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 37: GUILTY OF THE LESSER-INCLUDED OFFENSE OF ATTEMPT TO COMMIT MURDER IN THE SECOND DEGREE

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COUNT 38: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 39: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 40: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 41: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 42: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 43: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 44: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 45: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 46: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 47: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 48: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 49: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 50: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 51: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 52: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 53: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 54: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 55: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 56: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 57: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 58: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 59: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 60: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 61: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 62: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 63: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 64: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION

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COUNT 65: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 66: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 67: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 68: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 69: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 70: GUILTY OF THE LESSER-INCLUDED OFFENSE OF ATTEMPT TO COMMIT MURDER IN THE SECOND DEGREE COUNT 71: GUILTY OF THE LESSER-INCLUDED OFFENSE OF ATTEMPT TO COMMIT MURDER IN THE SECOND DEGREE COUNT 72: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 73: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 74: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 75: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 76: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 77: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 78: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 79: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 80: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 81: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 82: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 83: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 84: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 85: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 86: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 87: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 88: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 89: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 90: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 91: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE

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COUNT 92: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 93: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 94: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 95: GUILTY OF THE LESSER-INCLUDED OFFENSE OF ATTEMPT TO COMMIT MURDER IN THE SECOND DEGREE COUNT 96: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 97: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 98: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 99: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 100: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 101: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 102: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 103: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 104: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 105: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 106: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 107: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 108: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 109: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 110: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 111: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 112: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 113: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 114: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 115: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 116: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 117: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 118: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE

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COUNT 119: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 120: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCES COUNT 121: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 122: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 123: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 124: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 125: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 126: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 127: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 128: GUILTY OF THE LESSER-INCLUDED OFFENSE OF ATTEMPT TO COMMIT MURDER IN THE SECOND DEGREE COUNT 129: GUILTY OF THE LESSER-INCLUDED OFFENSE OF ATTEMPT TO COMMIT MURDER IN THE SECOND DEGREE COUNT 130: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 131: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 132: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 133: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 134: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 135: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 136: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 137: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 138: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 139: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 140: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 141: GUILTY POSSESSION OR CONTROL OF AN EXPLOSIVE OR INCENDIARY DEVICE COUNT 143: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 144: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 145: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 146: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE

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COUNT 147: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 148: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 149: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 150: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 151: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 152: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 153: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 154: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 155: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 156: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 157: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 158: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 159: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 160: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 161: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 162: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 163: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 164: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE COUNT 165: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-AFTER DELIBERATION COUNT 166: GUILTY ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE-EXTREME INDIFFERENCE THE JURY ANSWERS YES TO PART C OF ALL VERDICT FORMS WITH THE EXCEPTION OF COUNT 141, WHICH DOES NOT HAVE A PART C. THERE IS NO VERDICT FORM FOR COUNT 142, WHICH IS A SENTENCE ENHANCER. AT THE DEFENSE’S REQUEST, THE COURT POLLS THE JURY. THE DEFENSE TENDERS DEFENSE INSTRUCTION NO. 38 TO THE COURT AND ASKS THAT IT BE READ TO THE JURY NOW THAT IT HAS REACHED A VERDICT ON GUILT. WITHOUT OBJECTION, PART OF THE INSTRUCTION IS READ TO THE JURY. THE OTHER PART IS NOT READ EITHER BECAUSE THE COURT WILL PROVIDE SIMILAR COMMENTS NEXT WEEK OR BECAUSE THE COURT DISAGREES WITH IT. THE COURT ADMONISHES THE JURORS AND RELEASES THEM FOR THE EVENING. THE JURY WILL RETURN ON WEDNESDAY JULY 22, 2015 AT 8:40 A.M. THE PARTIES WILL RETURN ON MONDAY, JULY 20, 2015 AT 9:00 A.M. FOR A JURY INSTRUCTIONS CONFERENCE ON THE CAPITAL PENALTY SENTENCING HEARING. THE COURT WILL HOLD A VIDEOTAPED DEPOSITION OF A DEFENSE MITIGATION WITNESS ON JULY 21, 2015 AT 8:30 A.M. THE COURT DISTRIBUTES COPIES OF NOTICE C-214 TO THE PARTIES.

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THE COURT ALSO DISTRIBUTES TO THE PARTIES COPIES OF THE COURT'S FINAL RESPONSES TO QUESTIONS SUBMITTED BY THE JURY DURING DELIBERATIONS. THE DEFENSE IS NOT REQUESTING A PSI. THE PROSECUTION IS NOT EITHER. THE DEFENSE ASKS THE COURT IF IT CAN PLAN ON BEGINNING ITS MITIGATION EVIDENCE IN THE AFTERNOON ON WEDNESDAY, JULY 22. THE PROSECUTION HAS NO OBJECTION TO THIS REQUEST. THE PARTIES SHOULD CONFER REGARDING SCHEDULING PHASE 2 WITNESSES, BUT THE DEFENSE CAN HAVE ITS MITIGATION WITNESSES AVAILABLE THAT AFTERNOON. 7/17/2015 Filing Other Event ID: 000882 E-Filed: N ON JULY 16, 2015 AT THE READING OF THE VERDICT A CLERICAL ERROR WAS DISCOVERED. COUNT 158 WAS ENTERED AS MURDER 1 OF PEACE OFF - EXT INDIFFERENCE - ATT, 18-3-102(1)(D); 18-3-107 BUT SHOULD HAVE BEEN ENTERED AS MURDER 1 - EXTREME INDIFFERENCE - ATT, 18-3-102(1)(D); 18-2-101. ERROR CORRECTED THIS DATE /JR 7/17/2015 Order Event ID: 000883 E-Filed: N THE COURT ENTERS ORDER REGARDING MOTION TO RESCHEDULE VIDEO DEPOSITION TESTIMONY (D-295). COPIES SENT VIA EMAIL TO KAREN PEARSON, RICH ORMAN, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, KRISTEN NELSON, AND CHRISTINA TAYLOR. 7/17/2015 Motion Event ID: 000884 E-Filed: N DEF/ HOLMES, JAMES EAGAN MOTION TO RESCHEDULE VIDEO DEPOSITION TESTIMONY (D-295) FILED BY COUNSEL FOR THE DEFENDANT STD 201 7 17 15 /LKO 7/17/2015 Filing Other Event ID: 000886 E-Filed: N DEF/ HOLMES, JAMES EAGAN DEFENDANT'S SUBMISSION OF PENALTY PHASE INSTRUCTIONS FOR PHASE ONE AND INTRODUCTION TO PHASE TWO (D-296) FILED BY DEFENSE - STD 201 7 17 15 /JR 7/17/2015 Notice Filed Event ID: 000887 E-Filed: N THE COURT ENTERS NOTICE OF LABELING AS "C-215" COURT'S DRAFT INTRODUCTORY INSTRUCTIONS FOR PHASE I OF SENTENCING HEARING. COPIES SENT VIA EMAIL TO KAREN PEARSON, RICH ORMAN, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, KRISTEN NELSON, AND CHRISTINA TAYLOR. /CMR

End of Case: 2012 CR 201522