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But a whimper: Prosecution rests after final victim’s somber testimony

CENTENNIAL, Colo. — Her words slid out like a flagging exhale, leaden and weak. Once spoken, they seeped into the courtroom, thickening the noiseless air with the burden of their truth: Ashley Moser has lost everything.

Moser, the prosecution’s final witness, testified from her wheelchair Friday about the extent of her losses from the July 20, 2012, Aurora theater shooting. Mobility, and the dignity it preserves. A child waiting to be born. And her daughter Veronica, 6 years old, who had just learned how to swim.

Though the horrors faced by the shooting’s victims cannot be counted or weighed, Moser’s testimony incites superlatives: the biggest tragedy, the greatest suffering.

She told the court about her night in the Century 16 movie theater, where she suffered multiple gunshot wounds that later led to a miscarraige. Her memories are foggy, but she recalled standing up and trying to run from the theater. When she reached for her young daughter’s hand, she couldn’t grasp it.

“It just slipped through my hand,” Moser said.

District attorney George Brauchler’s voice cracked as he handed the witness a photograph of a smiling young girl sporting a ribbon from her kindergarten graduation. Per the court’s ruling, the photo was screened for only three seconds.

Moser tearfully confirmed what the jury already knew. “That’s my daughter, Veronica,” she said.

The screen went black, and the courtroom was briefly silent.

“The prosecution rests,” Brauchler said.

Moser’s heartfelt testimony came nearly two months after the prosecution called its first witness on April 28. Since then, the jury has heard from psychiatrists, police officers and all 70 victims injured in the shooting.

The prosecution seeks the death penalty against defendant James Holmes, who has plead not guilty by reason of insanity. Under Colorado law, they must prove not only Holmes was the perpetrator of the crime, but also that he was sane at the time he committed it.

Brauchler and his team have shown texts and emails describing Holmes’ desire to kill, receipts from his multiple weapons purchases, and shipping labels from ballistic gear he bought.

The jury has heard days-long testimony detailing every bullet hole and fragment found in the theater, and watched 22 hours of the defendant’s psychiatric evaluation video.

Jurors have laughed, cried and stared down the defendant; one once announced her gastrointestinal difficulties to the entire courtroom. Out of the original 24 jurors, five have been dismissed.

Before calling Moser to the stand, the prosecution tied up some loose ends and called its penultimate witnesses, including shooting victim Petra Hogan and detective Craig Appel. Hillary Allen, Holmes’ friend and one-time hiking partner, described her brief friendship with the quiet, awkward man.

Once the prosecution rested at about 2:30 p.m., Judge Carlos Samour Jr. dismissed the jury. He then discussed scheduling with both sides and denied the defense’s call for acquittal.

Court is in recess until late next week. The defense will begin its case on Thursday, June 25, and is expected to take two weeks.

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