Theater shooting jurors say death penalty can be considered

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Jurors Weigh Reasons for Death for Guilty Theater Shooter

CENTENNIAL, Colo. (AP) — Jurors decided unanimously Thursday that the Colorado theater attack was so heinous, depraved and cruel that the death penalty would be a just response, but defense lawyers will have a chance to plead for a life sentence for James Holmes before they decide.

Jurors said capital punishment is justified because Holmes murdered a large number of victims; caused a grave risk of death to others; committed murder in a heinous, cruel or depraved manner; and laid in wait or ambush.

One factor jurors said prosecutors did not prove was that Holmes intentionally killed a child, but the other "aggravating factors" ensure that jurors will continue to consider whether he should die.

Told to stand, Holmes remained calm with his hands in his pockets, looking directly at Judge Carlos A. Samour Jr. as he read the jury's findings.

Photos from the trial:

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James Holmes 'Dark Knight' Colo. theater shooting trial, Aurora, Colorado
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Theater shooting jurors say death penalty can be considered
CENTENNIAL, CO - APRIL 27: Family members of Aurora Theater shooting victim Veronica Moser walk into the Arapahoe County Justice Center as opening arguments for the trial of Aurora Theater Shooting defendant James Holmes opened at the courthouse April 27, 2015 in Centennial, Colorado. Holmes faces multiple murder charges stemming from a mass shooting in July 2012 theater shooting that killed 12 people and wounded dozens of others. (Photo by Marc Piscotty/Getty Images)
CENTENNIAL, CO - APRIL 27: Members of the media film people walking into the Arapahoe County Justice Center as opening arguments for the trial of Aurora Theater Shooting defendant James Holmes opened at the courthouse April 27, 2015 in Centennial, Colorado. Holmes faces multiple murder charges stemming from a mass shooting in July 2012 theater shooting that killed 12 people and wounded dozens of others. (Photo by Marc Piscotty/Getty Images)
CENTENNIAL, CO - APRIL 27: Producers at Denver Post TV listen and take notes from the courtroom live feed of proceedings as opening arguments for the trial of Aurora Theater Shooting defendant James Holmes opened at the Arapahoe County Justice Center April 27, 2015 in Centennial, Colorado. Holmes faces multiple murder charges stemming from a mass shooting in July 2012 theater shooting that killed 12 people and wounded dozens of others. Holmes is seated at the very far left of the television screen. (Photo by Marc Piscotty/Getty Images)
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Prosecutors said Holmes wanted to murder as many as he could in the audience of more than 400 people but failed to kill more than 12 because his assault rifle jammed.

The defense effectively conceded these points, aiming to focus on this next phase. Lawyers hope to show that his mental illness and other "mitigating factors" make it wrong to execute him despite the nature of the crimes. Jurors will then decide whether his mental problems outweigh the lifelong suffering Holmes caused.

If so, the trial will end there, with a life sentence instead of the death penalty. If not, the sentencing will move into a final phase, in which victims and their relatives would describe the impacts of Holmes' crimes.

While the jury decides the murder sentences, Colorado law already establishes penalties for his convictions on the lesser charges. Holmes wounded 58 people and 12 others were injured in the chaos of the attack.

On Wednesday, prosecutor Rich Orman showed jurors photos of each person killed and read their names — bringing some of their relatives in the courtroom to tears. Orman reminded jurors that Holmes threw tear gas and sprayed so much gunfire that even moviegoers hiding behind seats couldn't avoid being hurt.

"The victims were unaware of any danger, watching a movie, in a theater, a place of joy and of safety," he said. "The victims died surrounded by screaming, by pain and by anguish."

Holmes deliberately and cruelly killed all of them, including 6-year-old Veronica Moser-Sullivan who "had four gunshot wounds to her little body," Orman said.

But jurors didn't agree that Holmes showed the necessary intent in the girl's death for this to be an "aggravating factor." They came to that decision after reviewing a video in which Holmes asked police: "There weren't any children hurt, were there?"

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Associated Press writer Dan Elliott in Denver contributed to this story.

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