Jury in Denver clears way for James Holmes to receive death penalty for killing 12 moviegoers in 2012 shooting spree. Sean Carberry reports.
STORY: Colorado has executed one prisoner since 1977. Convicted movie theater shooter James Holmes could be number two. (SOUNDBITE) (English) ARAPAHOE COUNTY DISTRICT COURT JUDGE CARLOS SAMOUR, SAYING: "Will the defendant please stand for the reading of the phase two sentencing verdicts." Arapahoe County District Court Judge Carlos Samour presided over today's preliminary sentencing verdict. (SOUNDBITE) (English) ARAPAHOE COUNTY DISTRICT COURT JUDGE CARLOS SAMOUR, SAYING: "Juror number seven thirty seven, the foreperson, are these your phase two sentencing verdicts and the jury's phase two sentencing verdicts? Yes." After a half day of deliberating, the jury found that mitigating factors presented by the defense did not outweigh the aggravating factors of Holmes' crimes. That means in their next phase of deliberations, which begins tomorrow, they will debate whether Holmes should die by lethal injection. In July of 2012 Holmes opened fire at a midnight screening of the Batman film "The Dark Knight Rises" in Aurora, Colorado, killing 12. Last month, the Jury found Holmes guilty of 165 criminal counts, including multiple counts of first degree murder. The defense argued that Holmes was suffering from schizophrenia, but the jury rejected that claim during the trial and sentencing phases.