CENTENNIAL, Colo. — Ashley Moser, a paralyzed survivor of the Aurora theater shooting, will be allowed to give emotional testimony in the trial despite objections from the defense.
Moser’s 6-year-old daughter, Veronica Moser-Sullivan, was killed in the July 2012 shooting that killed 11 other victims and injured 70 more. Moser lost her unborn baby as a result of injuries suffered in the shooting and is a quadriplegic.
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Defense attorney Tamara Brady had a list of objections prepared Wednesday for the court in anticipation of certain details of Moser’s testimony.
The defense objected mainly to elements of her testimony they expected to be irrelevant or unfairly prejudicial toward their client, the admitted gunman in the attack.
After hearing the arguments Wednesday afternoon, Judge Carlos Samour issued his ruling Thursday morning on each of the objections, overruling some and sustaining others.
Moser will be permitted to testify on her excitement on being pregnant and dropping off Veronica with a babysitter to get an ultrasound earlier on the day of the shooting. She also can testify that she brought Veronica to the Batman film because she thought it was a cartoon movie.
“I think Ms. Moser is entitled to explain why she brought a 6-year-old child to a midnight showing of a movie,” Samour said.
However, she will not be allowing to tell the jury that her last words to Veronica were, after not letting her sit on her lap because of her pregnancy: “You’re a big girl; you can sit in your own seat.”
Samour said it’s normal for a pregnant woman to not want a child to sit on her lap, so the statement has no relevance.
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Moser also will be allowed to testify that when she was shot, she fell onto Veronica and couldn’t tell if her daughter was breathing, but she will not be allowed to testify that she had asked her cousin if Veronica was breathing.
Moser will be allowed to testify that she lost her unborn child and that she found out Veronica had died. However, the judge has limited the amount Moser can speak on these topics.
Moser will not be allowed to testify as to how and when she found out she had miscarried.
“This is her body,” Samour said. “Of course at some point she became aware that her unborn baby was not alive.”
The prosecution will be able to show a photo of Veronica and ask Moser if she had ever seen her alive again after that night, but only for the purpose of identifying her as Moser’s daughter and only for 3 seconds, according to the judge’s ruling.
Moser will be unable to testify as to things she had heard from others — from medical personnel about getting a CAT scan because she was pregnant and from her mother about Veronica’s status.
Allegedly, Moser had said her mother originally told her Veronica was safe and she had to find out later that Veronica had died. She will be permitted to mention that she found out Veronica was dead two days after the shooting.
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Moser will be allowed to testify on the extent of her injuries, including her becoming a quadriplegic, removing a portion of one of her lungs and having bullet fragments still remaining in her body and spinal cord.
The judge also said Moser will not be able to testify as to her recovery process, including going to physical therapy three to four times per week, struggling with getting into bed and relearning things such as using a spoon.
She also will be unable to testify that Veronica’s funeral had to be delayed because Ashley was unable to attend because of her injuries.
District Attorney George Brauchler told the court he understood the judge’s rulings and would speak with Moser about them before she testifies. Her testimony will be an emotional addition to the case the prosecution has been building over the past six weeks along with the testimony of first responders, psychiatrists and victims.
Moser is expected to testify Friday, the day that the prosecution has said it will rest its case.
