Families will start testifying Tuesday about the impact of the 2012 attack on their lives. Holmes would have been sentenced to life in prison without parole.
Advertisement
Throughout the trial, she has carried a green shawl that belonged to her daughter.
“The handwriting is on the wall for James Holmes, and the writing says ‘execution, ‘” said Denver-based legal analyst and defense attorney Scott Robinson.
Prosecutors had argued that the jury should continue to death penalty proceedings which would be a final, third phase under Colorado law.
Holmes, who is taking anti-psychotic drugs that tiresome his reactions, stood as ordered and appeared emotionless as the judge read the decisions.
The prosecution could also recall Ashley Moser, the mother of the youngest of the dead, six-year-old Veronica.
Judge Carlos A. Samour Jr. reminded jurors to stay away from news reports about the case and the recent theater shooting in Louisiana.
In May, a court-appointed psychiatrist interviewed Holmes and determined he was mentally ill but legally sane. Their quick decision on Monday raised expectations that they will choose a death sentence after what prosecutors estimate will be two or three more days of testimony from survivors. Holmes’ attorneys urged the jury to give Holmes a life sentence and end the months-long trial.
When asked why he still loves his son, Robert replied, “Well, he’s my son and, you know, we always got along pretty well and he was actually an excellent kid”. This afternoon it was announced that the jury has decided that mitigating factors do not outweigh the aggravating factors for the 12 people who were murdered.
Last month, defense lawyers pleaded with jurors to show mercy, saying mental illness drove Holmes to murder. That means the jury could be deliberating life vs. death as early as Thursday.
While the jurors have known this was a death penalty case since day one, this will be the first time they actually have to face that option head-on.
Advertisement
Court returned at 3:15 p.m.to go over jury instructions.
