Colorado movie massacre trial prosecution to wrap up case

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Prosecution Set To Wrap Up In Aurora Theater Shooting Trial

After eight weeks and more than 200 witnesses, prosecutors in Colorado's movie massacre trial will wrap up their case against gunman James Holmes on Friday with heart rending testimony from the mother of his youngest victim.

Partially paralyzed survivor Ashley Moser will testify in the afternoon about the day she had an ultrasound test and learned she was pregnant, then decided to take her six-year-old daughter Veronica to the movies to celebrate.

Veronica was killed in the shooting, while Moser also lost her unborn baby and suffered gunshot wounds in the neck and abdomen. She is now paralyzed from the waist down.

Holmes' public defenders had sought to stop the jury from hearing much of Moser's account. They argued that large parts of it would be unfairly prejudicial and irrelevant, since they do not contest that their client opened fire in the theater.

Holmes, 27, has stared straight ahead throughout almost all the proceedings, only occasionally turning to watch videos of himself recorded after his arrest in July 2012 for opening fire inside a packed midnight premiere of a Batman film.

The former neuroscience graduate student killed 12 people and wounded 70. He has pleaded not guilty by reason of insanity and could face the death penalty if he is convicted of multiple counts of first degree murder and attempted murder.

Arapahoe County District Court Judge Carlos Samour has ruled that he will allow most of Moser's testimony, and will let prosecutors briefly display a photo of Veronica.

The six-year-old died after Holmes shot her several times. Throughout the trial, references to the rampage's youngest victim have often produced sobs and tears around the small, windowless court in Centennial, on the outskirts of Denver.

Prosecutors say Holmes launched the attack using an automatic rifle, shotgun and pistol because he had lost his career, his girlfriend and his purpose in life, and that he had a longstanding "hatred of humanity."

The defendant's attorneys say he suffers from schizophrenia, that he has long heard voices in his head commanding him to kill, and that he was not in control of his actions.

Two court-appointed psychiatrists have concluded that although Holmes was seriously mentally ill, the California native was sane when he planned and carried out the attack.

(Reporting by Keith Coffman; Writing by Daniel Wallis; Editing by David Gregorio)

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Colorado movie massacre trial prosecution to wrap up case
James Holmes appears in court for the sentencing phase in his trial, Monday, Aug. 24, 2015, at Arapahoe County District Court in Centennial, Colo. Victims and their families were given the opportunity to speak about the shooting and its effects on their lives. Holmes was convicted Aug. 7 of murdering 12 people when he opened fire on a crowded movie theater in 2012. (RJ Sangosti/The Denver Post via AP, Pool)
James Holmes, right, with defense attorney Katherine Spengler, appears in court for the sentencing phase in his trial, Monday, Aug. 24, 2015, at Arapahoe County District Court in Centennial, Colo. Victims and their families were given the opportunity to speak about the shooting and its effects on their lives. Holmes was convicted Aug. 7 of murdering 12 people when he opened fire on a crowded movie theater in 2012. (RJ Sangosti/The Denver Post via AP, Pool)
In an image made from video, Colorado theater shooter James Holmes, far left, sits at the defense table during a statement reading by Kathleen Pourciau, far right, the mother of surviving theater shooting victim Bonnie Kate Pourciau-Zoghbi, during the final sentencing phase of the Holmes trial in Centennial, Colo., Monday, Aug. 24, 2015. Holmes was convicted Aug. 7 of murdering 12 people when he opened fire on a crowded movie theater in 2012. (Colorado Judicial Department via AP, Pool)
Judge Carlos A. Samour Jr. sits on the bench during the sentencing phase in the trial of James Holmes, at Arapahoe County District Court in Centennial, Colo., Monday, Aug. 24, 2015. Victims and their families were given the opportunity to speak about the shooting and its effects on their lives. Holmes was convicted Aug. 7 of murdering 12 people when he opened fire on a crowded movie theater in 2012. (RJ Sangosti/The Denver Post via AP, Pool)
Lasamoa Cross, left, wipes tears from her face as she leaves the Arapahoe County Courthouse with Theresa Hoover, the mother of her boyfriend, Alexander J. Boik, who was killed in the theatre massacre, Friday, Aug. 7, 2015, in Centennial, Colo. James Holmes will be sentenced to life in prison without parole after a jury failed to agree on whether he should get the death penalty. (AP Photo/David Zalubowski)
Terry Sullivan, right, whose son Alex was killed on his birthday in the 2012 Aurora movie theatre attack, embraces Lonnie Phillips, whose daughter Jessica Ghawi was also killed, after a jury failed to agree on whether theater shooter James Holmes should get the death penalty Friday, Aug. 7, 2015, in Centennial, Colo. Holmes will be sentenced to life in prison without parole. (AP Photo/Brennan Linsley)
Tom Sullivan, right, who lost his son in the movie theater shooting in Aurora, Colo., in July 2012, heads into the Arapahoe County Courthouse to hear the verdict reached in the penalty phase of the trial of convicted shooter James Holmes Friday, Aug. 7, 2015, in Centennial, Colo. Jurors have reached a decision on whether to sentence Holmes to life in prison or the death penalty. (AP Photo/David Zalubowski)
Josh Nowlan, who was shot during the massacre at a movie theater in Aurora, Colo., in July 2012, is hugged by an unidentified woman as they head into the Arapahoe County Courthouse to hear the verdict reached in the penalty phase of the trial of convicted shooter James Holmes Friday, Aug. 7, 2015, in Centennial, Colo. Jurors have reached a decision on whether to sentence Holmes to life in prison or the death penalty. (AP Photo/David Zalubowski)
Ian Sullivan, who lost his 6-year-old daughter in the massacre at a theater in Aurora, Colo., heads into the Arapahoe County Courthouse to hear the verdict reached in the penalty phase of the trial of convicted shooter James Holmes Friday, Aug. 7, 2015, in Centennial, Colo. Jurors have reached a decision on whether to sentence Holmes to life in prison or the death penalty. (AP Photo/David Zalubowski)
Terry Sullivan, second from left, whose son Alex was killed on his birthday in the 2012 Aurora movie theatre attack, embraces Bryan Beard, Alex's best friend, as Alex's father Tom looks on at right, after a jury failed to agree on whether theater shooter James Holmes should get the death penalty Friday, Aug. 7, 2015, in Centennial, Colo. Holmes will be sentenced to life in prison without parole. (AP Photo/Brennan Linsley)
In this image taken from video, accused Colorado theater shooter James Holmes, on the far left, listens to testimony during his trial, in Centennial, Colo., Thursday, June 25, 2015. Holmes arrived at court minus his normal full beard. (Colorado Judicial Department via AP, Pool)
Defendant James Holmes appears in a video presented to a darkened courtroom in Centennial, Colo., Thursday, June 4, 2015. Holmes, also seated at defense table below screen, spoke in the video to a psychiatrist who evaluated him for the trial on charges that he killed 12 people and wounded 70 others during the midnight premiere of a Batman film. (Colorado Judicial Department via AP, Pool)
In this image taken from video, Colorado movie theater shooter James Holmes, second from left, stands along with defense and prosecution teams, as the jury exits the courtroom for a break in the Holmes trial, in Centennial, Colo., Friday, June 19, 2015. The prosecution, led by District Attorney George Brauchler, second from left, rested its case Friday. (Colorado Judicial Department via AP, Pool)
FILE - This Jan. 15, 2015, file photo shows a view of the jury box, right, inside Courtroom 201, where jury selection in the trial of Aurora movie theater shootings defendant James Holmes was set to begin at the Arapahoe County District Court in Centennial, Colo. Three jurors in the Colorado theater shooting trial were dismissed Tuesday, June 9, 2015, amid concern they had been exposed to media coverage of the case and were discussing it among themselves. (AP Photo/Brennan Linsley, Pool, File)
File - In this April 27, 2015, file sketch by courtroom artist Jeff Kandyba, prosecutor George Brauchler makes a point during the opening day of the trial for Aurora, Colo., theatre shooting suspect James Holmes, in Centennial, Colo. Holmes is charged with killing 12 people and wounding 70 more in a July 2012 attack on a suburban Denver movie theater. His attorneys argue he suffers from schizophrenia and was in the grips of a psychotic episode when he opened fire on the packed auditorium during a midnight premier of a Batman movie. Experts say prosecutors are using a an approach to craft a memorable narrative that will hold jurors’ attention as the trial continues over more than four months, with scores of witnesses taking the stand.(AP Photo/Jeff Kandyba, file) KCNC-TV, KMGH-TV, KDVR-TV AND KUSA-TV OUT.
In this Monday, April 27, 2015 sketch by courtroom artist Jeff Kandyba, Aurora theater shooting defendant James Holmes, center left, and defense attorney Daniel King sit in court at the Arapahoe County Justice Center on the first day of Holmes' trial, in Centennial, Colo. Holmes acknowledges killing 12 people and wounding 70 more inside a packed movie theater in July 2012, but has pleaded not guilty by reason of insanity. (AP Photo/Jeff Kandyba)
In this Monday, April 27, 2015, sketch by courtroom artist Jeff Kandyba, Caleb Medley, who was shot in the head during the massacre at the theatre in Aurora, Colo., is shown during the opening day of the trial for Aurora, Colo., theatre shooting suspect James Holmes in Centennial, Colo. The trial will determine if Holmes will be executed, spend his life in prison or be committed to an institution as criminally insane. (AP Photo/David Zalubowski)
In this Monday, April 27, 2015, sketch by courtroom artist Jeff Kandyba, Judge Carlos A. Samour, Jr., makes a point during the opening day of the trial for Aurora, Colo., theatre shooting suspect James Holmes Monday, April 27, 2015, in Centennial, Colo. The trial will determine if Holmes will be executed, spend his life in prison or be committed to an institution as criminally insane. (AP Photo/Jeff Kandyba)
In this Monday, April 27, 2015 sketch by courtroom artist Jeff Kandyba, public defender Daniel King makes a point during the opening day of the trial for Aurora, Colo., theatre shooting suspect James Holmes Monday, April 27, 2015, in Centennial, Colo. The trial will determine if Holmes will be executed, spend his life in prison or be committed to an institution as criminally insane. (AP Photo/Jeff Kandyba)
In this Monday, April 27, 2015 sketch by courtroom artist Jeff Kandyba, Aurora theater shooting defendant James Holmes is depicted as he sits in court at the Arapahoe County Justice Center on the first day of the Holmes trial, in Centennial, Colo. As the trial begins, the question isn't whether Holmes killed 12 people and wounded 70, but whether he was sane at the time of the killings. (AP Photo/Jeff Kandyba)
Aurora, Colo. Fire Department Lt. Bernd Hoefler, left, talks to a Arapahoe County Sheriff's Deputy after testifying during the third day in the trial of James Holmes, Wednesday, April 29, 2015, in Centennial, Colo. Holmes is charged with multiple counts of murder and attempted murder for a 2012 attack that killed 12 people and injured 70 in a movie theater. (AP Photo/David Zalubowski)
File - In this April 27, 2015 file photo, Joshua Nowlan, right, one of the victims in the massacre at the Aurora, Colo., theatre, is escorted from court by a law enforcement officer on the opening day of the trial for theatre shooting suspect James Holmes, in Centennial, Colo. The trial will determine if Holmes will be executed, spend his life in prison or be committed to an institution as criminally insane. (AP Photo/David Zalubowski, file)
FILE - In this Jan. 7, 2013 file photo, Aurora Police Officer Justin Grizzle leaves court after testifying at a preliminary hearing for Aurora theater shooter James Holmes at the courthouse in Centennial, Colo. In testimony last week, Grizzle told of carrying victims Caleb Medley in the back of his patrol car and begging him not to die as he sped to a hospital. (AP Photo/Ed Andrieski, File)
Tom Sullivan, front, who lost his 27-year-old son Alex in the massacre at a movie theater in Aurora, Colo., leaves the courthouse after the second day in the death penalty trial of theater shooter James Holmes Tuesday, April 28, 2015, in Centennial, Colo. Witnesses were called to the stand to recall the night of the incident, in which 12 people died and 70 others were injured. (AP Photo/David Zalubowski)
Marcus Weaver, left, a victim of the 2012 shooting at an Aurora, Colo., movie theater, is embraced after Weaver testified during the third day in the trial of James Holmes, Wednesday, April 29, 2015, in Centennial, Colo. Holmes is charged with multiple counts of murder and attempted murder in an attack that killed 12 people and injured 70. (AP Photo/David Zalubowski)
Law enforcement officers keep watch from the roof of the Arapahoe County Justice Center on the second day of the trial of Aurora movie theater massacre defendant James Holmes, in Centennial, Colo., Tuesday, April 28, 2015. The trial will determine if Holmes will be executed, spend his life in prison or be committed to an institution. (AP Photo/Brennan Linsley)
Colorado theater shooter James Holmes, left rear in light-colored shirt, watches during testimony by witness Derick Spruel, upper right, on the second day of his trial in Centennial, Colo., Monday, April 27, 2015. Standing at left is prosecutor Lisa Teesch-Maguire. (Colorado Judicial Department via AP, Pool)
Araphaoe County, colo., Sheriffs Department deputies, at back, escort attendees out of the courthouse at the conclusion of the opening day of the trial for Aurora, Colo., theatre shooting suspect James Holmes Monday, April 27, 2015, in Centennial, Colo. The trial will determine if Holmes will be executed, spend his life in prison or be committed to an institution as criminally insane. (AP Photo/David Zalubowski)
Surrounded by television photographers and reporters, Marcus Weaver, front, a victim of the shooting massacre at an Aurora, Colo., theatre, talks at the conclusion of the opening day of the trial for theatre shooting suspect James Holmes Monday, April 27, 2015, in Centennial, Colo. The trial will determine if Holmes will be executed, spend his life in prison or be committed to an institution as criminally insane. (AP Photo/David Zalubowski)
Television journalists are directed by an official to return to a nearby area reserved for media, outside the Arapahoe County Justice Center, on the first day of the trial of James Holmes, in Centennial, Colo., Monday, April 27, 2015. Holmes acknowledges killing 12 people and wounding 70 more inside a packed movie theater on July 20, 2012, but has pleaded not guilty by reason of insanity. (AP Photo/Brennan Linsley)
People enter the Arapahoe County Justice Center on the first day of the trial of defendant James Holmes, in Centennial, Colo., Monday, April 27, 2015. Holmes acknowledges killing 12 people and wounding 70 more inside a packed movie theater on July 20, 2012, but has pleaded not guilty by reason of insanity. (AP Photo/Brennan Linsley)
Television satellite trucks and production tents are positioned in the parking lot of the Arapahoe County Justice Center, on the first day of the trial of James Holmes, in Centennial, Colo., Monday, April 27, 2015. Holmes acknowledges killing 12 people and wounding 70 more inside a packed movie theater on July 20, 2012, but has pleaded not guilty by reason of insanity. (AP Photo/Brennan Linsley)
Lonnie and Sandy Phillips, whose daughter Jessica Ghawi was killed in the 2012 Aurora, Colo., movie theatre shooting, prepare to enter the Arapahoe County Justice Center, on the first day of the trial of defendant James Holmes, in Centennial, Colo., Monday, April 27, 2015. Holmes acknowledges killing 12 people and wounding 70 more inside the packed theater, but has pleaded not guilty by reason of insanity. (AP Photo/Brennan Linsley)
CENTENNIAL, CO - APRIL 27: Family members of Aurora Theater shooting victim Veronica Moser walk into the Arapahoe County Justice Center as opening arguments for the trial of Aurora Theater Shooting defendant James Holmes opened at the courthouse April 27, 2015 in Centennial, Colorado. Holmes faces multiple murder charges stemming from a mass shooting in July 2012 theater shooting that killed 12 people and wounded dozens of others. (Photo by Marc Piscotty/Getty Images)
A law enforcement officer adjusts a barrier for media in front of the Arapahoe County District Court, on the first day of the trial of the Aurora movie theater shootings defendant James Holmes, in Centennial, Colo., Monday April 27, 2015. As the trial begins, the question isn't whether Holmes killed 12 people and wounded 70, but whether he was sane at the time of the killings. (AP Photo/Brennan Linsley)
CENTENNIAL, CO - APRIL 27: Members of the media film people walking into the Arapahoe County Justice Center as opening arguments for the trial of Aurora Theater Shooting defendant James Holmes opened at the courthouse April 27, 2015 in Centennial, Colorado. Holmes faces multiple murder charges stemming from a mass shooting in July 2012 theater shooting that killed 12 people and wounded dozens of others. (Photo by Marc Piscotty/Getty Images)
Judge Carlos A. Samour Jr., top right, presides over the opening of the trial of Colorado theater shooter James Holmes, far left, in Centennial, Colo., Monday, April 27, 2015. The trial will determine if he'll be executed, spend his life in prison, or be committed to an institution as criminally insane. (Colorado Judicial Department via AP, Pool)
Colorado theater shooter James Holmes, far left, sits at the defense table at the opening of his trial in Centennial, Colo., Monday, April 27, 2015. The trial will determine if he'll be executed, spend his life in prison, or be committed to an institution as criminally insane. (Colorado Judicial Department via AP, Pool)
CENTENNIAL, CO - APRIL 27: Producers at Denver Post TV listen and take notes from the courtroom live feed of proceedings as opening arguments for the trial of Aurora Theater Shooting defendant James Holmes opened at the Arapahoe County Justice Center April 27, 2015 in Centennial, Colorado. Holmes faces multiple murder charges stemming from a mass shooting in July 2012 theater shooting that killed 12 people and wounded dozens of others. Holmes is seated at the very far left of the television screen. (Photo by Marc Piscotty/Getty Images)
Surrounded by television photographers and reporters, Marcus Weaver, front, a victim of the shooting massacre at an Aurora, Colo., theatre, talks at the conclusion of the opening day of the trial for theatre shooting suspect James Holmes Monday, April 27, 2015, in Centennial, Colo. The trial will determine if Holmes will be executed, spend his life in prison or be committed to an institution as criminally insane. (AP Photo/David Zalubowski)
Marcus Weaver, center back, who was shot in the massacre at the theatre in Aurora, Colo., is flanked by an unidentified man while leaving the Arapahoe County, Colo., courthouse at the conclusion of the opening day of the trial for theatre shooting suspect James Holmes Monday, April 27, 2015, in Centennial, Colo. The trial will determine if Holmes will be executed, spend his life in prison or be committed to an institution as criminally insane. (AP Photo/David Zalubowski)
Marcus Weaver, front right, who was wounded in the Aurora, Colo., theatre shooting, emerges at the conclusion of the opening day of the trial for theatre shooting suspect James Holmes, Monday, April 27, 2015, in Centennial, Colo. The trial will determine if Holmes will be executed, spend his life in prison or be committed to an institution as criminally insane. (AP Photo/David Zalubowski)
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