Some had a grim face.
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One female juror later told reporters that there was no way to resolve the disagreement on what the sentence should be.
“The split was one juror solidly in favor of a life sentence and two that were undecided…the rest were in favor of the death penalty“, the juror, who asked only to be known as Juror 17, said.
“I think this is just a no-win situation”.
The same jury earlier convicted 27-year-old Holmes for the capital murder of 12 people, making him eligible for the death penalty proceedings. “Sorry, Caleb”, she told him.
Prior to calling the jury to the courtroom, the judge called on courtroom observers to use restraint and not have emotional outbursts upon the reading of the verdict.
James Holmes sits in court for an advisement hearing at the Arapahoe County Justice Center in Centennial, Colorado in this June 4, 2013 file photo.
Jordan Ghawi, whose sister Jessica was killed, took to Twitter to express his disappointment.
Holmes was not immediately remanded to prison.
District Judge Carlos Samour thanked jurors for their service and set August 24 to 26 as the dates for Holmes’s formal sentencing. Twelve people died during the attack, and 70 were wounded.
GEORGE BRAUCHLER: I would have liked a different outcome for the victims, and I’ve already apologized to them. Brauchler said the defense refused to let Holmes be examined by a state psychiatrist or release a notebook in which he detailed his reasons for the attack.
The short statement was issued by family attorney Lisa J. Damiani.
Sandy Phillips wore an emerald green pashmina shawl that belonged to her slain daughter. Her son didn’t show any emotion.
Because the jurors could not agree, Holmes serves a mandatory life sentence with no possibility of parole. We’ve lost that, but that’s the system. She said she was unclear why. “But the jury chose another way and we have to accept that”.
“He’s nonetheless dwelling and respiration”, stated Robert Sullivan, whose 6-year-old granddaughter Veronica Moser-Sullivan was killed.
“That’s not justice”, he said angrily. Boik, 18, was murdered by Holmes, said: “Our loved ones are gone”.
The jury already convicted him on all charges from the July 20, 2012 mass shooting at the showing of “The Dark Knight Rises” in Aurora. District Attorney George Brauchler said in his closing arguments Thursday.
Prosecutors pushed that Holmes had planned to attack more than 400 in the theatre shooting but due to the jamming of the drum magazine he bought to boost his firepower, he failed to proceed with his plan. The defense seized on that in arguing to spare his life.
Jurors must decide whether Holmes should be executed for killing 12 during the 2012 assault, which also injured 70.
The defence then conceded his guilt, but insisted during the sentencing phase that his crimes were caused by the psychotic breakdown of a mentally ill young man, reducing his moral culpability and making a life sentence appropriate. The trial was unusual because, from the start, Holmes’ court-appointed lawyers had said they were not contesting that he was the sole shooter.
Last month, the panel of nine women and three men found the former neuroscience graduate student guilty on all counts related to the July 2012 massacre.
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He then walked out a rear door, which he left propped open.
