Theater shooting trial day 64: The life-or-death verdict for James Holmes

NOTE: This video is a placeholder, waiting to begin until the three-hours warning is issued by the court that a verdict was reached. Will James Holmes be put to death by lethal injection for the 12 people he killed inside an Aurora, Colorado movie theater? Or will the jury send him to prison for the rest of his life?Jurors are about to come face-to-face with the ultimate decision in the Aurora movie theater shooting trial: "Should James Eagan Holmes be put to death by lethal injection?"Jurors have already confirmed they found aggravating factors in the mass shooting for which they convicted the gunman. They also confirmed that any mitigating factors that might exist do not outweigh the aggravating factors. Holmes was convicted on 165 counts including murder and attempted murder for the shooting that killed 12 and injured 70 others during a midnight premiere of the Dark Knight Rises in Aurora, Colorado. His defense attorneys unsuccessfully argued that he was insane at the time of the shooting. 7NEWS and TheDenverChannel.com will have gavel to gavel coverage of the trial starting at 8:30a.m. (MST) everyday and ending around 5:30 p.m. (MST) Watch new live video on our YouTube channel: http://www.youtube.com/user/7NewsDenver/live Additional resources:LIVE VIDEO & BLOG: http://bit.ly/theatertrialTIMELINE of the case: http://bit.ly/theatertimelineJURY PROFILE: http://bit.ly/theaterjury CONTINUING COVERAGE: http://bit.ly/theatercoverage

3rd & 7 37yd

Do you think that Samora will say anything directly to James Holmes?

by Nadine 8/7/2015 10:48:25 PM
@sophia- blatantly untrue. Branchler openly discussed not entertaining the defense offer of LWOP.

by CSP 8/7/2015 10:48:26 PM
@Sophia. I disagree. First, I doubt many ppl could afford to pay for lawyers for a trial of this magnitude. They have to live beyond this trial...being destitute on top of losing their son and the guilt and recrimination they most certainly feel wouldn't allow them to pick up the pieces. I think most parents do the best they can. None of us know how we would handle things. Just my opinion.

by ms 8/7/2015 10:48:32 PM
Phil: I know you are very busy--but afraid i won't be able to ask this later when you sign off. Is there any way to search the scribble blog other than each page/each day. Thanks!

by dk 8/7/2015 10:48:42 PM
@dk: None that I know of

by Phil Tenser 8/7/2015 10:48:51 PM
must say glad its almost over, at least for the time being, never heard a group of people so eager to become killers this trial made a mockery of a civilized society and that is very, very unsettling it will result in nothing other than knowing how backwards CO criminal law can be

by green chair 8/7/2015 10:49:19 PM
@EZ---Holmes was an adult patient who refused to give permission to Dr. Fenton to contact his parents. To Dr. Fenton's credit, she violated HIPPA rules and did contact the mother to try to get some additional information; however, it is against the law for a pyschiatrist to betray patient confidentiality to anyone without a legally allowed cause.

by flip 8/7/2015 10:49:22 PM
@Sophie I'm with you on the family assessment. There's something just not 'right' there. JH said he would never move home short of being homeless. I watched the mom's testimony (recorded) and fast forwarding through breaks/objections she came across as cold (certainly compared to the mother's of victims).

by Edy 8/7/2015 10:49:28 PM
Jessica Watts- Cousin Jonathan Blunk

by Phil Tenser 8/7/2015 10:49:47 PM
@Marsha- life without parole is not a pleasant thing- and solitary confinement if awful. You rather make it sound as if LWOP would be a pleasant experience. From everything I have read and seen- it is not. Not under any circumstance.

by MW 8/7/2015 10:49:50 PM
@Marsha, I believe LWOP does, eventually, land him in GenPop...DP keeps him in a solo cell on death row...good question for Recht

by PA Watcher 8/7/2015 10:49:56 PM
Something has been bugging me. Maybe you or one of your legal consultants can answer it for me. Ms. Brady made it clear she did not want the PT to emphasize the age Veronica was when she was murdered. During her closing, Ms. Brady started to make the statement "...years ago we executed children in this country". Mr. Brauchler immediately objected and there was a bench conference. Was that because Ms. Brady had "opened" the door for the DA to make a point of Veronica's young age or was there another reason. Thank you.

by Joye Willett 8/7/2015 10:50:10 PM
I feel for the jury in a zillion ways. Having to re-watch that crime seen video with victims still inside....'unimaginable.

by BluesB 8/7/2015 10:50:15 PM
No matter what the jurors decided, I appreciate their service and respect their decision. I hope they are given privacy to the degree they desire it and are treated with dignity.

by Edy 8/7/2015 10:50:18 PM
I don't think anyone is saying that they "hate" the parents, they are just saying that something seems off in the picture they presented at trial and the reality of what has been going on the last 3 years. (Please, Sophia, et al, correct me if I'm wrong). I agree that the whole "Leave it to Beaver" picture painted seems incongruent with their actions during this period of time. And yes, it is just my opinion!

by Suzi Lewis 8/7/2015 10:51:10 PM
hey bill - nothing like this in our country eh (lol)

by wendy 8/7/2015 10:51:16 PM
If he had been allowed to plea to LWOP, there would have been zero appeals

by CSP 8/7/2015 10:51:18 PM
hope its DP, him and the boston bomber should be executed on the same day

by Death_is_Justice 8/7/2015 10:51:28 PM
@ms--baloney! I doubt if there is a shortage of high-powered private attorneys who would've taken on this case for the publicity, the book rights, and some spare change from the family.

by flip 8/7/2015 10:51:31 PM
Phil-love you guys & 7 news...'have to agree with a previous commenter or 2 that said D. Recht, the legal analyst, feels somewhat 'defense'-slanted...just an observation. He's sort of taken the mental illness claim as a given. Intetesting...

by BluesB 8/7/2015 10:51:32 PM
@MW....at least he'd be breathing...unlike the 12 people he murdered.

by Marsha Laurienti 8/7/2015 10:51:34 PM
Aurora #TheaterShooting survivor Caleb Medley arrives at court house wearing Captain America t-shirt. #AuroraStrong http://pbs.twimg.com/media/CL1ypmfXAAAP990.png

by Anica Padilla via twitter 8/7/2015 10:52:20 PM
I'm so nervous! Hugs and prayers to everyone.

by Ab1962 8/7/2015 10:53:11 PM
@PA...I certainly hope that if he is given LWOP that he is put in gen pop.

by Marsha Laurienti 8/7/2015 10:53:19 PM
@Flip- That is true. I didn't think of that.

by EZ 8/7/2015 10:53:20 PM
@CPS - that was not a true offer to plead guilty... was testing prosecution - judge even saw through it...

by mandi 8/7/2015 10:57:34 PM
@Resa-if & only if your feed does go out, ch 254 has courtroom coverage on cable. Doesn't compare to 7news feed, but a last option (also live on ch 7 I guess, OBVIOUSLY)....

by BluesB 8/7/2015 10:57:36 PM
@flip...if that is so, then it was JH's decision...He's an adult. They can't arrange his lawyers for him, unless they are his guardians at this point.

by ms 8/7/2015 10:57:45 PM
the longest 3 hours i have ever spent

by wendy 8/7/2015 10:57:46 PM
@joye- Brady wanted to discus how we used to execute children and now down, used to execute mentally retarded and now down and how we shouldn't execute the mentally ill. That was his objection.

by CSP 8/7/2015 10:58:06 PM
@Ab1962....back at ya!

by Liz 8/7/2015 10:58:07 PM
Hugs to everyone in Colorado from New York City

by cookie 8/7/2015 10:58:08 PM
@Wendy, I have friends in Canada who express the same frustrations you have.

by tg_kendall 8/7/2015 10:58:12 PM
Caleb's T-shirt is nothing short of perfect.

by Keeter 8/7/2015 10:58:16 PM
So just heard a legal expert say that NO MATTER the verdict there will be an appeal to try and still get NGBRI....ugh!

by just Thinkin 8/7/2015 10:58:18 PM
Marsha-I do as well. But he'll put on an act to emulate psychosis so he's separated from gen. population. Remember, he won't have guns, ammo, throat shield, full body armor etc. in prison. He's a coward. Jimmy can't have others seeking revenge...even other criminals like him.

by BluesB 8/7/2015 10:58:24 PM
I sure hope there are no out bursts from the gallery... praying for strength and comfort for all the people involved

by Tia 8/7/2015 10:58:26 PM
I want the death penalty for him just so that is what hangs over his head.

by JW 8/7/2015 10:58:27 PM
sending strength, love, hugs to the victims & victims families

by shuffie cat 8/7/2015 10:58:29 PM
maybe it was JH's decision to stick with a public defender. Maybe he had pro-bono offers and turned them down?

by kate 8/7/2015 10:58:34 PM
BluesB, I'll miss you! And everyone else here, whether I agree or disagree with comments.

by Sophia 8/7/2015 10:58:36 PM
@flip- then why didn't a private lawyer take the case?

by CSP 8/7/2015 10:58:37 PM
Thanks for showing victim photos again, Phil...!

by BluesB 8/7/2015 10:58:38 PM
@Phil Tenser: I'm still waiting for a list of the on-air and on-web folks who put together Denver-7's superlative coverage of this trial. You guys really deserve having a snail-mail letter sent to your GM extolling the exceptional jobs you guys have done.

by tg_kendall 8/7/2015 10:58:44 PM
Remembering the Victims pictures is so touching. I can remember everyone's names and have a sense of "knowing" them from what their family testified about them. RIP 12 Angels.

by Kristle 8/7/2015 10:58:46 PM