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Theater trial blog: Day 18

Live updates from the Aurora theater shooting trial
Day 18 of the Aurora theater trial

Editor's note: This blog will provide updates on the Aurora theater trial

5:11 p.m.: Court adjourns for the day.

5:08 p.m.: Judge Carlos Samour clarifies his decision to sustain an objection pertaining to a victim being "scared." He says he'll allow that testimony when it comes to victims' experiences in the theater, because it shows their state of mind. After the shooting, Samour says the jury can infer the victims were scared.

5:05 p.m.: While she was in the parking lot, Cross remembers people telling her she needed medical help. That's when she realized she was covered in blood.

It was her boyfriend's. All she had was a scratch on her knee.

Cross is released from her subpoena. Court adjourns for the day.

5:03 p.m.: Prosecutor George Brauchler asks Cross to show on the model where she and AJ were sitting, as well as where the shooter was when she threw the canister.

Cross says she thought Boik had fainted. She jumped over him and held his head in her arms. That's when she realized he was bleeding.

"I just didn't wanted him to get hit again," Cross said.

She could feel his blood dripping through her fingers. For five minutes, she held his head as mad chaos erupted around him.

"I just remember screaming and yelling for help," Cross said.

Cross said she yelled for her friends to help. She couldn't move Boik on her own, because he was too heavy.

"I wanted to get him out of the theater, but I couldn't do it alone," she said, breaking into tears.

Cross said she was able to lean him against the wall. He was completely unresponsive.

"I just propped him against the wall and said 'everything's gonna be ok,' and then I crawled down the steps and took off," Cross said.

She ran away after she realized she couldn't handle the situation on her own. She didn't want to get hurt.

"Were you scared?" Prosecutor George Brauchler asked.

"Terrified," Cross responded.

Cross said at first she thought about running home. Then, she realized she "didn't want to be that girlfriend" and ran back.

All she could do then was wait in the parking lot.

4:55 p.m.: Cross says the door flew open, and there was a man standing there.

"I could just see a silhouette, and it seemed like he had tactical gear on, cargo pants, a helmet, and a gun strapped to his back," Cross said.

She said she could see the outline of the gun. Next, she watched as he pulled what looked like a clip or key out of something, and did an underhand toss of the gas canister.

Right away, Cross says she wasn't concerned at all about what happened, that it would just be another theater prank, a kind of festive thing going on at the theater.

When she turned around and saw people trying to leave, she realized it wasn't a joke.

Her boyfriend, AJ Boik, took her hand. But within two steps, he was on the ground.

4:45 p.m.: Lasamoa Cross takes the stand. Her boyfriend, AJ Boik, was killed in the theater.

Cross and Boik didn't order their tickets until the day of the shooting. They had an issue with Fandango, and Boik had to go confront the people at the theater to get tickets.

They sat in the row with rails in front of it so that they could put their feet up.

Prosecutor George Brauchler asks her to show where she and Boik were sitting in the theater. They also took a selfie together before the movie.

"It was a big moment," Cross said.

The defense objects to her offering a further explanation.

4:45 p.m.: Lasamoa Cross takes the stand. Her boyfriend, AJ Boik, was killed in the theater.

4:42 p.m.: Golditch is heard on the 911 call repeatedly saying "I got hit!" and screaming in pain. You can hear the chaos of the scene behind him, and sirens blaring.

The prosecution has no further questions. The defense declines cross-examination and Golditch is released from his subpoena.

4:42 p.m.: The attorneys approach the bench. Judge Carlos Samour admits the first 40 seconds of the 911 call Golditch made from the theater.

4:35 p.m.: Golditch recounts seeing smoke in the theater during the first shooting scene of "The Dark Knight Rises."

And then, he says "something hit me, and my ears started ringing really, really loud."

Golditch said he felt some liquid on his hands and thought it was blood, because of the pain.

He says he leapt over the seat in front of him and ran out. He was shot in the left side of the neck below the ear, and has an exit wound on his back after the bullet split in two.

He says he saw another man who was injured, and a stampede of people leaving theater nine.

The prosecution submits photos of his injuries as evidence.

4:27 p.m.: Zack Golditch takes the stand. He was in theater eight the night of the shooting, and was committed to play football at Colorado State University at the time. He was 17 years old.

4:25 p.m.: The jury returns to the court room.

4:21 p.m.: Judge Carlos Samour listens to the recording, and says that since he has not included a 911 call from theater eight, he will admit the recording as evidence, since it is not cumulative and is a statement that relates to a traumatic event.

4:08 p.m.: Court resumes. The prosecution moves to admit a 911 call from inside the theater. The defense objects. Judge Carlos Samour steps down to listen to the call.

3:43 p.m.: The jury is dismissed for a 20-minute break.

3:34 p.m.: The defense continues to press Hatch about how the defendant's transactions changed after July 2 -- when weapons were purchased.

3:26 p.m.: Hatch's testimony deals mainly with PayPal transactions made by the defendant leading up to the shooting. These included orders for body armor, and other purchases detailed by previous witnesses.

The defense elects to cross-examine Hatch. They confirm that some of the purchases involved the defendant using PayPal to make the purchases, rather than just entering his credit card number.

2:29 p.m.: Robert Hatch takes the stand. He is an asset protection investigator for eBay. He also works for PayPal, and has PayPal records. He has been in this position for three years.

Read the notebook here: http://bit.ly/1cjb9WG.

2:57 p.m.: Judge Carlos Samour asks to retrieve the jury's copies of the notebook.

2:36 p.m.: Judge Carlos Samour asks that counsel approach the bench. He then tells the jury that he's going to give them "a little time" to review the copies of the notebook that were distributed to them. He says he'll give them 10 minutes or so.

2:35 p.m.: The defense has no further questions. The prosecution declines redirection examination. They ask that Sgt. Fyle remain under subpoena.

2:32 p.m.: The defense reads segments where the defendant listed the psychiatrists he visited.

"Family therapy with Mel revealed nothing," one segment read by Defense attorney Daniel King said. "I was a kid at the time, parasuicide, mother noticed, asked what happened, replied paper cut. No further investigation/clean bill of health. Decided to dedicate life to killing others so that I could live."

Another page talks about how he requested an appointment for anxiety and received a diagnosis of anxiety/depression. He was referred to a psychiatrist and prescribed anti-depressants.

Next, King reads a segment saying the first appearance of mania occurs, and that he had no fear of failure or consequences, and an "intense aversion of people."

He talks about practicing shooting.

"Can't tell the mind rapists plan," King reads. "If plan is disclosed, both normal life and plan on hatred is foiled."

2:27 p.m.: A section where the defendant talked about "the real me vs. the biological me" is discussed. The defendant wrote that he saw himself as "divided."

King asks Sgt. Fyle to confirm these statements.

Another reference talks about falling asleep and back pain. A fourth bullet point talks about "hair-pulling." The defendant wrote about having a bald spot at the back of his head. The defendant talked about pulling hair from his eyebrows and eyelashes.

The next entry talks about the defendant's "obsession to kill," King says.

In another entry, the defendant writes "neuroscience seemed like the way to go, but it didn't pan out." He talked about not having a "normal mind," King says. Sgt. Fyle confirms that.

There's a section about "crazy concepts." This details with "futility," "homosapiens," "the Garden of Eden," "Prometheus" and then "Faust."

King asks Sgt. Fyle to confirm that there's another section called "nothing."

Another paragraph says "survival fitness is fine when compared to man-versus-nature, but man-versus-man is related." King reads it aloud.

Another page has "Everything" at the top and talks about the ripple and butterfly effect, and unity.

There are multiple pages with the word "why?" written on them. The wording gets bigger and bigger as the pages go on.

2:18 p.m.: King asks Sgt. Fyle if he knows exactly when the notebook was written, or if it was written all in one sitting or over time.

"It's clear there are portions that are certainly over time," Fyle said. "There are instances in here based on other known knowledge ... you know when that entry is made."

He says there are other large portions where you can't tell when it was authored.

"It's clear that there are entries at different times," Fyle said.

King talks about entries by the defendant talking about issues with his peripheral vision and that he found himself seeing things without knowing where they were coming from.

Another entry talked about tending to scan the room during "boring interactions."

Another bullet point talked about "recurrent look at a mirror to look at appearance."

King goes on to talk entries by the defendant talking about concerns with his teeth or nose. Another entry talking about how the defendant wrote he "couldn't see images" is referenced.

Fyle is asked about an entry where he discusses being unable to concentrate for more than 15 minutes.

2:11 p.m.: Defense attorney Daniel King outlines the equations involving infinity and negative infinity and what equal equals in the notebook.

"If life has all value, all is just," King reads. "Life and death are not demarcated."

"Imbeciles are those who side with zero or negative infinity," King goes on to read.

King reads sections about murder and justice.

"I've sent my entire life seeking this alternative so that my entire life of how to live and what to life for are addressed," King said.

"Despite knowing that death is false and a suboptimal response, life is dead, then the questions: why should life exist? What is the purpose of living? Are then 0, irrelevant?" King reads again.

He has another page called "self-diagnosis of a broken mind."

This has a bulleted list of psychological terms.

Next, he talks about symptoms related to self-diagnosis. Among them are catatonia – something that he said listed for three to four hours in the middle of the day. He says it's more common in the morning.

Excessive fatigue is the next listed bullet point. He says this was present from the beginning of undergraduate students.

Isolationism is the next bullet point.

The next one said "99 percent of the time avoids starting conversation."

After that, King says it says "brief periods of invincibility." It mentions how it lasts for three to four months, and that for three to four days a week, it will last all day.

2:09 p.m.: The defense asks Sgt. Fyle to clarify that the notebook is 29 pages long. The first page and back of the last page are not stamped. The first page just has the questions on it.

The two questions are:

  • No. 1: What is the meaning of life?
  • No. 2: What is the meaning of death?

The symbol the defendant drew of the infinity sign is also on that page. This same symbol was marked on his calendar in his apartment to denote the date of the shooting.

The defense clarifies that he only read segments from the notebook about explicit evidence of planning.

Page three of the notebook is shown. It's addressed to three different people: Goober, Chrissy and Bobo – the nickname the defendant had for his parents and sister.

It was called "Love Yas." There was another segment about "the mind of madness."

Defense Attorney Daniel King talks about a series of stick-figure diagrams and zeros and ones inside the notebook. On the bottom of the page, there's a stick figure. Next to it, it says "equal equal to infinity."

A series of 10 infinity symbols within quotation marks are also shown.

2:05 p.m.: Another page reads "Embrace the hatred at 'Dark Knight Rises.' The prosecution has no further questions. The defense begins cross-examination.

2:02 p.m.: The defendant's knowledge that the Aurora Police Department was close to the theater is discussed.

It shows an aerial view/diagram showing where the National Guard was located in relationship the theater, as well as the police department. He lists the estimated time of arrival to the theater.

The defendant also discussed the purchases he made in the notebook. He lists research gun laws and mental illness, as well as a listing to "buy explosives and handguns."

He talks about acquiring a remote-detonation system and body armor, as well as practicing shooting at the Byers Canyon Rifle Range.

1:56 p.m.: Parts of the diary outlining plans for the attack are shown. He has an aerial diagram of the movie theater and lists the pros and cons of attacking each specific theater.

For some, he said there were too many emergency exits. He used stars to list how hard it would be to attack.

He said to avoid theater 13 because it had too many exits and was too visible.

There was an asterisk next to theater 9. The double door exits are listed, and the emergency exit at the top as well.

He then details good parking spots and what he should use to hold open the doors.

The defendant listed the pros and cons for methods of beginning the attack in theater 12, and then going to theater 10.

He said one of the pros was he could lock the double doors in theater 10, increasing the casualties. He said one of the cons was it was too conspicuous.

The defendant said starting in theater 10 and going into 12 was that it was inconspicuous and that it he could feign smoke. The cons were he couldn't lock the double doors and that there would be too many escapees.

The third option was a "smoke or door start." This option showed the vehicle parked outside of 10, and arrows going from the vehicle to a common hallway. This showed him locking the theater. He said it was the least conspicuous, and that he could lock the double doors, "inflicting mass casualties." He said he could also reenter and kill more – or bail.

The cons he said were that it was most likely the door would be closed, and that there would be an early warning.

1:51 p.m.: Sgt. Fyle begins to read from the notebook. One entry reads: "The obsession to kill since I was a kid, with age became more and more realistic. Started with nuclear bombs, then shifted to biological agent that destroys the mind, most recently serial murder with stun gun ... "

Sgt. Fyle reads another entry called "Case the Place."

There are three specific bullet marks that say "Targets: Random. The cruel twists of fate are unkind to the misfortunate. Method: Bombs (x), two regulated and suspicious, biological warfare. Too impatient, requires extensive knowledge.

Serial murder: Too personal, too much evidence, too much chance to be caught, few kills

Mass murder/spree: Maximum casualties. Easily performed with firearms, although primitive in nature. No fear of consequences, although being caught 99 percent certain.

-Venue: Airport or movie theater

Airport (x): Substantial security. Too much terrorist history. There is too much of a message. There is no message. Will name relationships/work failures as causes."

The defendant wrote that the causation as his state of mind for the past 15 years.

1:45 p.m.: Judge Carlos Samour clarifies with the jury that they'll only temporarily have copies of the notebook. They don't get to keep them. They only get copies because it would be inefficient for them to pass it back and forth.

He also reminds the jury that they can only consider the notebook when it comes to the not guilty by reason of insanity plea.

1:44 p.m.: The prosecution prepares to distribute copies of the notebook the defendant sent to Dr. Lynne Fenton to the jury and Judge Carlos Samour.

1:37 p.m.: Court resumes. Judge Carlos Samour brings the jury back in.

12:37 p.m.: Prosecutor Lisa Teesch-Maguire tells Judge Carlos Samour that she ran into one of the jurors at a store. She quickly paid and walked out, and there was no contact.

12:34 p.m.: Prosecutor George Brauchler asks to distribute printed copies of the emails to the jurors. This is what they're doing with the diary as well. Brauchler proposes distributing 24 identical packets of information. Judge Carlos Samour says since they're doing this, they can't go through each email with the witness individually.

He can clarify quotes or photos. The printed emails will be retrieved once the jury finishes looking at them.

Samour cautions Brauchler to ensure that each packet is identical.

12:22 p.m.: Judge Carlos Samour decides, since the prosecution is alright with moving the section about euthanasia training, the defense's objection to that is moot. As to the other two objections, Samour says the emails are pertinent, because they speak to the defendant's behavior before the shooting. The prosecution alleges he never behaved different before or after the shooting. The defense claims he had a psychotic break.

Samour says all of these emails pertain to his interactions with people at CU and his parents.

12:15 p.m.: The emails discussed earlier in the day have been reviewed by Judge Carlos Samour, and are discussed by the prosecution and defense.

They deal with the euthanasia courses the defendant was required to take by the university. The defense has a 403 objection to these.

Prosecutor George Brauchler says the June 3 email was relevant to the defendant's relationship with his mother and father. He says they intend to show how the content of these is similar to his previous and future emails.

The purpose of the euthanasia email, Brauchler says, is to link him to the CU email account his personal account dsherlockb@hotmail.com.

He says the function of the email isn't the euthanasia classes, but rather to show the nature of his communications with the university.

12:13 p.m.: Fyles holds up the brown notebook that the defendant mailed to Dr. Lynne Fenton. With that, the prosecution asks that the jury take a lunch break before its contents are discussed.

12:09 p.m.: Fyles said 20 partially burned $20 bills were included with the notebook – totaling $400.

The notebook itself is also shown, and submitted as evidence. It has been housed in a brown Aurora Police Department evidence envelope.

12 p.m.: Judge Carlos Samour cautions the jury to only consider the evidence related to Det. Fyles' testimony as it relates to the insanity plea.

The envelope the package the defendant mailed Dr. Fenton is submitted as evidence. The return address is for the defendant.

It has 16 stamps on it. All of the stamps feature different scientists.

11:55 a.m.: Det. Matt Fyles from the Aurora Police Department takes the stand. He took possession of the package the defendant sent to Dr. Lynne Fenton. It arrived at the CU Anschutz Campus on July 23, 2012.

Fyles is expected to read parts of the diary inside the package out loud.

11:45 a.m.: Photos of items in the defendant's bedroom and bathroom are show. Among them is a blowtorch.

Rue is released from his subpoena. The evidence is published to the jury.

11:42 a.m.: Rue collected an ammo pouch and loaded magazines from a closet in the defendant's apartment. Photos of these and the items themselves are submitted as evidence. The bags they are placed inside of crinkle as they are brought to the stand.

11:36 a.m.: Cary Rue, a microbiologist with the FBI laboratory, takes the stand. He was assigned to collect evidence from a few rooms in the apartment, including the bedroom, the bathroom and the closet and hallway.

11:33 a.m.: Outside of the theater, Fry was loaded into a police car. Another victim was also inside. They were badly injured, and on the phone.

They were driven at a "pretty incredible speed" to University Hospital, where she was taken out of the cop car and brought into the emergency room.

"It was loud, you know?" Fry said.

The defense objects to an additional description of the scene at the hospital. It is sustained.

Fry stayed in the ER for a couple of hours, and was rushed into surgery. A bullet was removed from under her right kneecap.

Ultimately, they counted 57 bullet wounds on her body. Fifty of those were on her leg. Three are visible on her right arm, some are on her wrist, elbow and finger. One bullet skinned her back, and another fragment is still lodged in her cheekbone.

"It knocked out four of my teeth and it hit my tongue," Fry said.

The defense objects to a question about the dental surgeries she needed after the shooting. It is overruled.

Four of Fry's teeth were extracted, and she had to get a bone graft. She still needs four more surgeries.

Photos of Fry's leg and mouth after the shooting are presented as evidence. She's asked if she saw Alex Sullivan after July 20, 2012.

Fry says she did not.

The prosecution has no further questions. The defense declines cross-examination.

11:27 a.m.: Fry breaks down into tears as she remembers seeing her friend Alex Sullivan, who was to her left in the theater. He wasn't moving, and his chest wasn't moving either.

Earlier, she had tried to shaking him, to tell him that police had arrived. He was unresponsive.

An officer came and told her she had to be taken out of the theater. A male officer lifted her up, and a female officer helped take her out of the theater.

On her way out, she remembers seeing her friend Farrah.

"I looked down, and her stomach was … blown open," Fry said.

Outside of the theater, she remembers seeing her friend Heather. Her fingers had been blown off.

11:21 p.m.: Fry arrived at the movie later than the rest of the group, which included her friend Alex Sullivan.

"It was just a normal night, you know?" she said.

But then, she heard the gas canister fly across the screen, and hearing someone scream "What the eff? I'm trying to watch a movie?"

A shot immediately hit her legs. It also hit her friend Heather. Fry said she was laying on the ground, spitting out teeth and flood. Her four front teeth were shattered.

"We were all just mangled on the floor," she said.

She felt a bullet graze her back, as she crouched beneath the seats.

Her head was on top of Alex Sullivan's legs, and she felt herself accidentally kick her friend Heather.

"There was a lot of screaming. People were running out. And then within a couple of seconds, it got very quiet, and then all you could really hear were gunshots," Fry said.

She remembers smelling her own burning skin, and blood and sulfur and smoke.

The prosecution asks her what she was thinking. She says she remembers thinking that she was going to die.

11:17 a.m.: Witness Jacqueline Fry, who was in the theater the night of the shooting, takes the stand. She was a part of the group of Red Robin coworkers who went to the movie to celebrate her coworker Alex Sullivan's birthday. Sullivan was killed in the shooting.

11:14 a.m.: Det. Reed describes finding the package, which was inside a plastic evidence bag. The burnt pieces of currency were sticking out -- some of them were in the bag.

The prosecution has no further questions.

The defense asks Reed to confirm that they first learned about the package when a lawyer for the defendant called law enforcement and told them that he had mailed a package.

There are no other questions. The prosecution does not have any redirect questions. Reed is released from his subpoena.

11:10 a.m.: The jury finishes looking at all of the published evidence. The prosecution calls Det. Alton Reed of the Aurora Police Department to the stand. He's worked there for 12 years as a detective for the major crime and homicide unit.

He responded to the University of Colorado Anschutz Campus on July 23, 2012 after a suspicious package call.

10:47 a.m.: The evidence submitted before the break -- items found in the shooter's apartment -- are published to the jury. The jury looks at each item individually.

10:43 a.m.: The break ends, and the jury is brought back into the courtroom.

10:21 a.m.: Court takes a 20-minute morning break.

10:18 a.m.: Davitche details more of the items found in the defendant's apartment. Among them are a box of igniters for a fireworks system, and a pan with what appears to be a waxy and glue-like substance inside.

Electrodes were also collected inside of the defendant's apartment. These are submitted as evidence.

A photo with a lid and spoon and some kind of metal are submitted as evidence. Those items are next shown to the jury.

The prosecution has no additional questions. The defense declines cross-examination, and the jury doesn't have any questions.

10:06 a.m.: William Davitche of the FBI is shown photos of other items collected at the defendant's apartment.

Among them were files and kitchen utensils in one of the drawers, a can of black spray paint, a crowbar, the remains of an electronic firing system, some lids, a lighter and numerous tools.

9:54 p.m.: The prosecution submits photos of the evidence found in the trash can next to the defendant's refrigerator as evidence.

Among the items found inside are two containers of smokeless rifle powder, two containers of empty pistol shotgun powder, an ammonium chloride container, three caps belonging to some container, bags and labels for quick-fuse fireworks and packaging for magnesium tape.

Three rolls of tape were found on the counter, FBI Special Agent William Davitche says.

9:45 a.m.: An apartment rental agreement for 2011 and 2012 are submitted as evidence, as are other rent records. These were found in a kitchen drawer during the investigation.

The defense asks to approach the bench.

9:42 a.m.: William Davitche takes the stand. He's assigned to the FBI's IED section in Quantico, Virginia. He played a role in searching the defendant's apartment on July 21, 2012.

He was primarily responsible for searching the kitchen area of the apartment – namely the kitchen table area.

9:38 a.m.: Lukens helped recover the package the defendant sent to Dr. Lynne Fenton. The first time he saw it was via a bomb-squad robot.

It was in the Anschutz Medical Campus' mailroom. An x-ray showed that it was simply a notebook, but it also had to be cleared for chemical hazards.

In addition to the notebook, the package also contained singed currency.

It was processed as evidence, and the scene was released to CU Denver Police.

The prosecution has no further questions, and Lukens is released from the stand.

9:32 a.m.: Denzel Lukens, who worked at the Adams County Sheriff's Office, takes the witness stand. He was part of the bomb squad, and asked to clear a package sent to Dr. Lynne Fenton on July 23, 2012.

The package had been sent by the defendant.

9:30 a.m.: Cowden says she was taken to Gateway High School the morning of the shooting. She couldn't get a hold of her parents.

She remembers sitting in the gym for hours. They were later taken to their father's house by police car. They had to break in, because he still had the keys.

That night, at around 10:30 p.m., a victim's advocate came to her house.

"I don't remember ever being specifically sat down and told that [my father] is dead," Cowden said.

She never saw her father again.

Cowden is released from the stand.

A victim has been called to testify every day of the trial so far.

9:23 a.m.: The defense shows Cowden a photo. It's her dad.

Next, they turn the questioning back to the night of the theater. Cowden said she was still lying on the ground as the shots rang out, and she remembers turning toward her dad, who simply said "I love you."

She then stood up, because the bullets had stopped. She and her sister, Sierra, moved down the left aisle.

"I remember abandoning my dad, and just leaving him, going to the stairs," Cowden said.

They made their way down the stairs. Cowden remembers a woman lying in the aisle, her features unrecognizable because she was covered in so much blood.

"Sierra started to pause, but I commanded her to just go," Cowden said.

They ran through doors that had been held open for them. When they got out of the parking lot, they just kept running, and hid behind a silver compact car.

"We were under the impression that someone might come out and just start shooting there," Cowden said.

The defense objects, and Judge Carlos Samour asks counsel to approach the bench.

9:18 a.m.: They went into theater 9. Cowden recalls people-watching and eavesdropping on the conversation in front of them. She says she saw a young woman in a Catwoman outfit, and someone bringing a baby into the theater.

After a few scenes, she says she remembers a figure appearing in the right-hand corner of the theater.

"It was a very broad, large figure complete in black," Cowden said.

Next, Cowden said she saw a gas canister fly across the screen, following by a loud bang.

She says she doesn't remember getting on the floor, but that soon, she was on her stomach on the ground, listening to loud bangs in the theater.

Cowden says she looked up and saw flashes above her, and that breathing started to sting. She put a scarf to her mouth.

"After that, I remember getting this calm, very serene sensation that I was going to die," Cowden said. "Everything was still going on, but I felt every calm … I was under the impression that I was going to be shot …"

The defense objects. It is sustained.

Cowden was 17 years old the night of the shooting. Her sister Sierra was 16.

9:12 a.m.: Witness Brooke Cowden takes the stand. Her father, 51-year-old Gordon Cowden, was the oldest person killed in the theater.

Brooke and her sister Sierra were at her dad's house the day of the shooting. They were going to see "Moonrise Kingdom" at around 7 p.m., but they missed that movie, so they went back to the theater to see how crowded it was, and decided to buy tickets to the midnight showing of "The Dark Knight Rises."

They went back to the theater at around 10:45 p.m.

9:09 a.m.: Myrsiades said they searched for the package addressed to Dr. Lynne Fenton on July 23, 2012. He asked employees in the mail room to do the search.

It took about 30 minutes to find the envelope. When Myrsiades got it, he says he set it down and called for an evacuation of the building for safety purposes.

"The bomb squad was on scene, and that was procedure at that time," Myrsiades said.

Some CU police officers as well as Aurora Police officers responded, and waited for the package to be cleared.

The defense asks Myrsiades that he told workers to look for any package sent by the defendant or addressed to Dr. Lynne Fenton or Dr. Feinstein. The bomb squad was already on the scene.

The protocol was that the bomb squad checks any package, the defense confirmed. It was also determined that the package was safe.

With that, the defense ceases its cross-examination.

9:05 a.m.: James Myrsiades takes the stand. In July 2012, he worked for the University of Colorado Denver Police Department as the patrol division commander. He had been at the university for 15 years.

9:04 a.m.: Muniz says her coworker Abby found the package, which consisted of an orange manila envelope that was around 8.5 inches by 11 inches. It was addressed to Lynne Fenton.

With that, Muniz is released from the stand. The defense does not have any cross-examination questions.

9:01 a.m.: Antoinette Muniz takes the stand. She was working for the mail center at the Anschutz Medical Center. On July 23, 2012, she was asked to search for a certain yellow package.

The package was addressed to Dr. Lynne Fenton, a psychiatrist at the center.

Eight people were dispatched to look for the package.

It took around 15 to 30 minutes to find the package in trays and bins full of mail.

8:59 a.m.: The jury is brought into the courtroom.

8:51 a.m.: The prosecution says it will take around 30 minutes to read the notebook. They object to the typewritten copy of the notebook, because it contains diagrams.

"I would object to the jurors being given a sanitized, typewritten version of the notebook," Prosecutor Karen Pearson said.

Judge Carlos Samour says he will not allow the jury to be given a typewritten copy of the notebook. He says he doesn't think it's appropriate to allow Sgt. Fyles to read it, because he isn't more qualified to do so than anyone else.

"Having said that, I think it makes sense to give each juror a copy of the notebook," Samour said. "I think that will make the publication of the notebook more efficient."

Samour also asks for a copy.

He also allows the prosecution to ask Sgt. Fyles about the contents of the notebook.

8:47 a.m.: The prosecution says they plan on introducing evidence from the defendant's notebook today. The defense says they are open to distributing copies of the notebook to the jurors, and that they are also willing to give them type-written copies so they're easy to read.

The defense says they object to the having a detective read it, since they say the piece of evidence speaks for itself.

8:46 a.m.: The defense asks to review emails the prosecution wishes to use as evidence again. These emails could be released this afternoon.

8:41 a.m.: Judge Carlos Samour asks the prosecution to leave evidence that's subject to a limited purpose to the end of a witnesses testimony. Prosecutor George Brauchler has said that the next couple of weeks of the trial will focus on the mental health aspect of the case.

8:40 a.m.: Court resumes after a four-day break.

(KUSA-TV © 2015 Multimedia Holdings Corporation)

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