AURORA | A fifth juror in the Aurora theater shooting trial was dismissed Wednesday, this time based on a weeks-old concern raised by the defense.
Defense attorneys previously questioned whether Juror 267 should continue on May 6 after the prosecution noted that one of their witnesses recognized her during testimony delivered on May 5.
After Judge Carlos Samour Jr. further questioned the juror, it became clear she also recognized one of the officers that had worked on the case, Officer Ben Holston.
Following a request made Tuesday, Samour said that given the level of scrutiny given to other jurors who have been dismissed over their openness and honesty with the court about potential conflicts, it would be best if the court released Juror 267 from her service.
“I am now convinced she was not completely forthcoming with me,” Samour said.
Earlier this week, Samour dismissed another juror whose brother-in-law had been the victim in a recent Denver shooting. Samour said he didn’t think the juror was completely forthcoming with him. Samour previously released three others after one of them learned about the case through the media and shared details with the other two that they couldn’t have heard in open court.
The case still has 12 jurors and seven alternates hearing evidence after Samour seated 12 alternates, an uncommonly large number.
Also Wednesday, Samour said the court likely will take Monday through Wednesday off from full, juried proceedings next week should the prosecution wrap up their case Friday.
The first two witnesses to testify Wednesday in the Aurora theater shooting trial were two young women who were seriously wounded in the attack.
Bonnie Kate Zoghbi walked to the witness stand on crutches, wearing flowers in her hair, and told jurors about being shot in the leg that night.
“I was scared I was going to get trampled,” she said, recalling the experience of crawling on her elbows and knees inside the theater.
“God sent someone to help me,” she said of Chris Lakota, who carried her out.
So far, Zoghbi, who was 18 at the time of the attack, said she has undergone seven surgeries.
“Sadly, I will (need) a lot more surgeries,” she said.
Alleen Young said about 15 minutes into the movie she saw a figure in the corner who looked like a character from a video game.
“I just heard a really loud noise and I blacked out,” she said.
When she came to, people were running around her and she realized she had been shot in the lung and neck.
“I was choking and drowning on my own blood,” she said.
Someone helped her from the theater and she was rushed in an ambulance with other victims to a hospital.
Jurors also heard from Ben Garcia, one of Holmes’ friends at the University of Colorado Anschutz Medical Campus, where Holmes was a graduate student before the shootings.
Garcia said Holmes was awkward and didn’t like to speak to people he didn’t know or be in large groups. He also said Holmes’ demeanor changed after Holmes broke up with his girlfriend.
“Afterward he seemed a little bit angrier,” Garcia said.
Jurors were given transcripts of online chat sessions between Garcia and Holmes. Those could be released publicly as early as Thursday.
Jurors also heard from Robert Feinstein, a CU psychiatrist who treated Holmes briefly before the shooting.
Feinstein, who had been called in to treat Holmes by Holmes’ regular psychiatrist, Lynne Fenton, said Holmes gave very guarded responses in the two meetings he had with him.
“(He was) very restrictive about giving me a wide range of information throughout the whole interview,” Feinstein said. “He said that he hated everybody and that he hated nobody.”
Feinstein said Fenton had asked him to come in to learn more about Holmes’ thoughts about homicide and to see if Holmes should be put on a psychiatric hold. CU and the psychiatrists in particular have been criticized for not doing more to report Holmes before the shooting.
Feinstein will continue his testimony Thursday.
The defense closed the day by making several objections to the anticipated testimony of Ashley Moser, who could take the witness stand Friday. Moser is the mother of 6-year-old Veronica Moser-Sullivan, the youngest person killed in the shooting. Moser was also pregnant at the time of the attack, and wounds she sustained resulted in her losing her unborn fetus.
Holmes is being tried for the July 20, 2012, Aurora Century 16 theater shooting, where 12 people were killed and another 70 wounded. Prosecutors are seeking the death penalty; Holmes pleaded not guilty by reason of insanity.
The trial started in April. The prosecution is expected to wrap their case at the end of the week and the defense is expected to wrap their’s a couple weeks after that. A possible penalty phase of the trial could last several more weeks.