CU News Corps
CENTENNIAL, Colo. 鈥� Tomorrow, one of the prosecution鈥檚 key witnesses will roll into the courtroom in her power wheelchair and testify. Ashley Moser arguably suffered the most of all of the theater survivors. She not only lost her 6 year old daughter, Veronica (the only child killed that night), she suffered a miscarriage, and is now a quadriplegic (she is getting back some use of her hands). Holmes鈥� public defenders are anticipating that the 28 year old鈥檚 appearance will bring tears, so attorney Tamara Brady argued to keep some of stories out of court. Most of her objections revolved around unfair prejudice and heresay. Here鈥檚 how the judge ruled.
Photo Courtesy of CBS Denver
What the jury will be able to hear and see from Ashley Moser:
1. She can explain why she brought her young daughter to movie. People will want to know what a 6 year old was doing at a midnight showing of a Batman premiere.
2. Ashley fell on top of Veronica. She asked if Veronica was breathing. Kaylen Bailey said 鈥淚 don鈥檛 know.鈥� The jury will hear about Ashley falling, but not Bailey鈥檚 response.
3. Kaylan Bailey tried to move off of Veronica. Ashley Moser can testify that she could not move off Veronica. Judge: 鈥淚t is part of what took place.鈥�
4. When Ashley was moved out of the theater, her pants fell down. Samour: given what else the jury is going to hear, I don鈥檛 see this as prejudicial.
5. She lost her unborn baby at the hospital and can talk about it because it鈥檚 a part of the injuries she suffered in the case.
6. She lost the left lobe of one of her lungs and has to use oxygen at night.
7. Still has bullet fragments in her body and spinal cord.
8. She had to stay at Craig Hospital from 8/2012 until 12/2013. (see what jury can鈥檛 hear #5 for what she had to do to rehab)
9. Her nerve pain.
10. Veronica鈥檚 photo for 3 seconds. They can ask 鈥淚s this your daughter?鈥� and then they will have to take it down. Defense attorney Tamara Brady argued against showing the photo, 鈥淭he point is so that the jury will start crying. This is to evoke sympathy from the jury. 鈥�
Judge ruled in favor of showing the photo because the jury has only seen a picture of 6 year old Veronica one time during the entire trial.
What the jury won鈥檛 hear from Ashley Moser:
1 Ashley鈥檚 last words to her Veronica. 鈥淵ou鈥檙e a big girl. You can sit in your own seat.鈥� Ashley fell on top of Veronica. She asked if Veronica was breathing. Kaylan Bailey said 鈥淚 don鈥檛 know.鈥�
2 Ashley fell on top of Veronica. She asked if Veronica was breathing. Kaylen Bailey said 鈥淚 don鈥檛 know.鈥�
3 When Ashley got to the hospital she overheard one of the medical personnel talking about doing a catscan. Judge rules this falls under heresay.
4 While in the hospital, Ashley asked her mother what happened to Veronica, her mother says they are taking care of her. Ashley did not find out about her daughter鈥檚 death until July 23rd, the Sunday after the early Friday morning shooting.
5 A list of what she had to relearn: how to use a spoon, how to transfer from the wheelchair to the bed, how to make a sandwich, how to sit. She had physical therapy 3 times a week. She has fallen and had infections.
6 Veronica鈥檚 funeral had to be delayed until Ashley could be there. She was not physically able to attend for a while.