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Day 8 of Aurora theater shooting trial features mountains of evidence

CENTENNIAL, Colo. — In an effort to demonstrate the forethought that went into the murderous rampage at Aurora’s Century 16 theater in July 2012, the prosecution in the theater shooting trial Thursday steered the courtroom away from personal testimony, at least in the morning session, and called FBI agents to testify.

The evidence was collected on July 20, 2012, following the mass shooting at the midnight premier of “The Dark Knight Rises,” where 12 people were killed and 70 injured. Defendant James Holmes’ attorneys are trying to prove that Holmes should be found not guilty by reason of insanity.

Day eight of the trial started off nearly as sleepy as the rainy weather Thursday, as the prosecution led with admission of physical evidence. The jury was attentive but muted.

By 11:45 a.m., a mountain of evidence was heaped upon a table. There were more than 100 admissions.

At 11:50 a.m., the jury was permitted to examine the admitted evidence. For 20 minutes jurors handled various pieces of tactical equipment —including a glove, a helmet, chaps and vest—a model 22 and a model 23 GLOCK, a rifle case and several magazines.

Jurors’ faces pulled into frowns as they grasped the materials.

The sheer volume of evidence overwhelmed the court staff as they passed it to and collected it back from the jurors.

Arlene Holmes, the defendant’s mother, took off her glasses and rubbed her eyes.

On day eight, Robert and Arlene Holmes showed more affection toward each other. Mr. Holmes put his arm around Mrs. Holmes and helped her put back on her soft yellow jacket. Both fidgeted in their chairs and looked worried as they scanned the jury for a reaction to the evidence.

The defendant continued to pivot side-to-side in his chair, not showing any physical reaction to the evidence displayed on screen or on the witness stand.

First on the stand was Toni Payne, an intelligence analyst and member of the FBI’s evidence response team since 2005. She photographed the scene at Century 16 the morning of July 20, 2012.

One piece of evidence on display was a close up photograph of a rifle, a pool of blood and a pair of bright pink flip-flops.

Following Payne’s testimony, the defense asked questions to clarify what had been found, an unusual move thus far.

The defense brought attention to a frontal photograph of the defendant’s car. They clarified that no effort had been made to disguise the license plate.  They also asked Payne if she found any camping gear, like a sleeping bag or tent, in the car. Payne said no.

The defense will likely use the lack of evidence for a prepared getaway to demonstrate a disconnected understanding of the consequences.

Daniel King, the defendant’s attorney, cross-examined several witnesses. A pattern emerged when he followed up with questions that suggested witnesses did not have enough interaction to gauge the defendant’s mental state.

Thursday also featured more testimony from survivors, a tactic the prosecution will continue to use in these early weeks of the trial.

Survivor Amanda Teves took the stand Thursday.

Her boyfriend, Alex Teves wanted to see the new Batman movie. She knew that he wouldn’t want to be affectionate with her during the movie, she said.

“I asked him for one last kiss,” Teves said.

“Did you get it?” the prosecution asked.

“Yeah,” Teves said, her voice cracked. She did not see Alex Teves alive again. She took his name after his death. Now she carries it, always.

Holmes’ father stirred in his chair. Alex Teves had just graduated with his master’s in counseling psychology from the University of Denver. Teves had just the kind of bright future Holmes missed.

As the second week of trial continues, most of the media presence has cleared out on the left side of the courtroom. The right side, reserved for victims and family members, continued to shrink.

Editor’s Note: CU News Corps will remember the victims of the tragedy with every post via this graphic.