What's next for convicted movie theater shooter James Holmes? Penalty phase begins Wednesday
Jurors who convicted James Holmes on Thursday in the deadly mass shooting at a Colorado movie theater return to court on Wednesday for the penalty phase of the trial.
Prosecutors are seeking a death sentence, which is a rare outcome in Colorado, the Washington Post reports. Between 1973 and 2013, 30 states put more people on death row than Colorado, which sentenced 22 people to death during that time period. Only one has been executed since 1976 when the Supreme Court effectively reinstated the death penalty. Three inmates are currently on the state’s death row.
Holmes’ mental health will once again be an issue in the penalty phase of the trial, the Denver Post reports. “Unlike the first portion of trial,” the newspaper says, “defense attorneys will be able to present more emotional evidence and testimony—such as that from Holmes’ parents.”
The penalty phase will be divided into three parts, and the jurors will deliberate after each one, the Denver Post reports in another story. In the first phase, prosecutors will seek to prove aggravating factors. Five have been identified by prosecutors, including the death of a child under 12.
The second phase deals with mitigating factors, and the third with whether Holmes should be sentenced to death or life in prison.
Defense lawyers have asked Judge Carlos Samour to allow some witnesses with scheduling conflicts to record their testimony, 9News reports. One witness is a former college roommate of Holmes’ who will be away researching the Monarch butterfly.
Holmes was convicted of 165 counts on Thursday, including 24 first-degree murder charges—two for each victim who died. The New York Times and another Denver Post story are among the publications covering the verdict.
Holmes showed little emotion during the hour-long recitation of the verdict, reached after only 13 hours of juror deliberation. Monday is the third anniversary of the shooting.
