CENTENNIAL, Colo. 鈥� Deputy District Attorney Rich Orman threw his hands up, and his face twitched in irritation as he approached the podium to respond to the defense鈥檚 request.
The fourth week of the theater shooting trial opened Monday with a defense request to poll the jury if they heard news regarding the Boston Marathon bomber conviction.
鈥淚t鈥檚 a huge shock, a huge shock,鈥� Orman said. He argued that everyone knew the verdict for Dzhokar Tsarnaev was coming out and if the defense was actually worried about it, they should have included viewing restrictions on the Dzhokar Tsarnaev case in the parameters given to the jury.
Orman joked that if the Tsarnaev trial was relevant, then 鈥淒ead Man Walking鈥� on Netflix should be censored too.
The defendant is pleading not guilty by reason of insanity for killing 12 people and injuring 70 at the midnight premier of 鈥淭he Dark Knight Rises鈥� on July 20, 2012.
Judge Carlos Samour agreed to take a poll cautiously, and only because the defense asked, he said.
鈥淚 don鈥檛 believe anything in that trial reported this weekend has the potential for bias,鈥� Samour said.
He asked if the jury heard anything over the weekend about the bomber case that would affect their partiality.
One of the jurors in the back threw her hands up, incredulous.
鈥淲hy is this even a question?鈥� she asked.
The trial proceeded.
Louis Duran, moviegoer, took the stand. He remembered closing up shop on the night of July 19, 2012. He worked at P.F. Changs. He went with his friend Ryan Lumba, who also testified. Duran and Lumba asked their friends to switch them seats so they could have a better view. Their friends obliged.
鈥淚 didn鈥檛 think I was going to make it,鈥� Duran said.
After realizing the tear gas canister thrown into the theater wasn鈥檛 a prank, Duran was struck in the right side of the head by a bullet.
鈥淚 am not able to see out of my right eye,鈥� Duran said, recalling the moment.
He also couldn鈥檛 feel his right arm. He thought the bullet hit a part of his brain.
鈥淚 reached into my left pocket and grabbed my phone,鈥� Duran said. 鈥淚 called the most important person in my life 鈥� my mother.鈥�
Duran鈥檚 voice cracked with the strain of holding himself together. He glanced over at Holmes, closed his eyes and looked away. He fixed his stare on the stand in front of him.
As Duran stepped down and returned to the seat next to his family, he burst into tears. His father put a comforting arm around him. His mother leaned over and offered a comforting touch.
Ryan Lumba was also at the theater. When the shotgun first flashed, Lumba pulled his friend down to the ground.
鈥淚 felt punches to my abdominals and side,鈥� Lumba said. He was shot while getting his friend to safety. 鈥淚 was very cold on my left side. I just assumed I got shot.鈥�
Lumba blacked out not long after. He woke up in the hospital. He never saw the shooter.
Louis Duran and Ryan Lumba remain friends. After Lumba got off the stand, he returned to his seat鈥攖he one right next to Duran. Duran clapped Lumba on the shoulder, offering comfort.
The defense again tried to remove a juror after one submitted a note that declared she knew the witness, Hans Eliassen, who had just been called to the stand. After some deliberation, prosecution and defense agreed not to have Eliassen testify just yet.
Thomas Sheridan, district loss prevention supervisor for Kroger, a brand carried by King Soopers, testified on invoices collected from a loyalty card.
Eggs. Milk. Bread. Cereal. Two liter 7-UP bottles. Onion bagels. Produce. Lithium batteries. Motor oil. Air freshener.聽 16 ounce Styrofoam cups.
Holmes鈥� shopping list could have been that of any college student.
However, in the month that led up to the shooting, Holmes spent over $360 at King Soopers and retrieved $200 in cash back. Holmes used the 7-UP bottles to hold gasoline. He used the Styrofoam cups to make Napalm.
The prosecution asked Kelly Bowlan, moviegoer, to testify. The defense objected several times to her speculating comments.
鈥淗e stood there with his legs spread apart,鈥� Bowlan said. 鈥淗e was observing us. He stood there and stared for a moment.鈥�
Bowlan鈥檚 chest heaved; emotion rocked her frame.
She described Holmes鈥� movements.
鈥淭hey were very back and forth,鈥� Bowlan said. 鈥淪earching.鈥�
The defense objected. Bowlan tried again.
鈥淪poradic,鈥� she said instead. 鈥淗e moved along the wall, toward the entrance of the theater.鈥�
When the shooting paused, Bowlan made a break for it. She kept tripping over the shoes and flip flops others left behind, she said.
Adam Levy, owner of Motorcycle Depot in Aurora, testified that Holmes purchased popular riding boots. The total cost was $129.72.
Rodger Erikson, former owner of Iron Buffalo Motorcycle Training, testified that Holmes signed up for and paid for training on June 21 and June 23.
Daniel King, public defender, made several objections to evidence regarding motorcycle related purchases.