James Holmes could still face the death penalty after a jury
unanimously agreed on Monday that aggravating factors outweigh the mitigating
factors for all of the murder charges for which he was convicted.
That means that
a third and final phase of sentencing will happen to determine whether he gets
sentenced to death or life in prison without the possibility of parole.
Holmes killed 12 people and injured 70 in a Colorado movie
theater in 2012. He was convicted of 24 counts of murder in the first degree --
two for each victim -- in July.
Jurors began
deliberating Thursday on the second phase of how to proceed with sentencing.
Phase three is expected to start on Tuesday.
Prosecutors had
argued that the jury should continue to death penalty proceedings which would
be a final, third phase under Colorado law. Holmes' attorneys urged the jury to
give Holmes a life sentence and end the months-long trial.
His attorneys
have said that his schizophrenia mitigated the capital crimes for which he was
convicted.
Holmes had pleaded
not guilty by reason of insanity and when the jury declared his guilt he showed
no reaction.
By virtue of his insanity plea, Holmes never denied he was
responsible for the slayings.
Three dozen
witnesses have testified during this sentencing phase, including James Holmes' parents and sister. Relatives of those killed
inside the theater will be allowed to testify in the third phase.
Holmes, 27, is a
former neuroscience doctoral student.
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