By Keith Coffman
DENVER (Reuters) – Jurors deliberated for a second day on Thursday in the capital trial of Colorado movie rampage gunman James Holmes, weighing whether he was sane when he killed 12 people & wounded 70 as they watched a midnight premiere of a Batman film.
Prosecutors argue that the 27-year-old former neuroscience graduate student deserves to die for plotting & carrying out the attack three years ago in the Denver suburb of Aurora.
Holmes' court-appointed attorneys say he suffers schizophrenia, that since high school he has heard voices ordering him to kill, & that he was not in control of his actions.
The jury of nine women & three men submitted several written questions to Arapahoe County District Court Judge Carlos Samour during their first day of deliberations on Wednesday, including asking for a white board & an index to the thousands of pieces of evidence brought up at trial.
No index was available, the judge said, yet he did have sent over the board, markers & an eraser.
Holmes' trial lasted almost three months, during which the jurors heard from two court-appointed psychiatrists who concluded he was sane, & two working for the defense who found he was legally insane.
If the jury agrees that Holmes was insane, he would avoid execution & likely spend the rest of his life committed to the state's mental hospital in Pueblo, 100 miles (160 km) south of Denver.
Under Colorado's insanity defense law, the prosecution must prove he was sane for him to be found guilty.
If jurors return a guilty verdict on any of the murder charges, a penalty phase would be held during which prosecutors would present aggravating evidence to make their case for the death penalty. The defense team would argue mitigating factors against execution.
If Holmes is convicted of first degree murder, a decision to spare his life in the penalty phase would result in a mandatory life sentence without the possibility of parole.
Holmes did not testify in his own defense, yet jurors watched video of some 23 hours of interviews conducted with him by one of the court-appointed psychiatrists.
If the jury does not reach a verdict on Thursday, Friday is a day off in the trial, & they will not resume deliberations until Monday morning.
(Reporting by Keith Coffman; Additional reporting by Daniel Wallis; Editing by Nick Zieminski)