Tuesday 21 July 2015

July 21st - Between Guilt Trial and Sentencing Hearing - Day 3

[twiddling my thumbs]

Still nothing ... the crappy part is that there's no warning when the livestream is going to start, it just starts.  I guess I'll just wait in anticipation ... at least they start the sentencing hearing tomorrow.

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WOW - Holmes spoke in court!!!  The judge is required to read a couple things to him to inform him of his rights in the sentencing hearing - that basically he has the right to testify at all three phases of the sentencing hearing, if he wants.  And that if he does, both the prosecution and the jury would be permitted to ask him questions.  And that he can testify even if his lawyers recommend he doesn't.

The judge then went onto explain that he also has the right NOT to testify and if he chooses this option the judge will read an instruction to the jury that basically states he has the right not to testify and they cannot read any judgement into that decision.

He then asked Holmes things like if he'd talked to his lawyers about this, and if he's had enough time to make a decision, and what his decision is.  He has opted NOT to testify in phase 1 of the sentencing hearing.

The judge had a second statement to read as well, this one about allocution.  Holmes has the right to make a statement of allocution, which would not be under oath and would not be cross-examined.  He asked the same basic questions about being informed, etc., and Holmes has said he will not make a statement of allocution in phase 1 of the sentencing hearing.

An allocution or allocutus is a formal statement made to the court by the defendant who has been found guilty, prior to being sentenced. It is part of the criminal procedure in some common law jurisdictions.

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They wrapped up for the day I think ... tomorrow is sentencing hearing day 1!

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