Experts: Sentencing phase to be ‘gut-wrenching’
CENTENNIAL, Colo. — Thursday’s guilty verdicts — 165 in all against James Holmes, including 24 counts of first-degree murder — marked only the beginning in the what could be most taxing phase of the Aurora theater shooting trial for jurors: determining the killer’s fate.
Judge Carlos Samour read the long list of guilty verdicts to a tense courtroom packed with media, victims and their families. Tissue boxes lined the gallery aisles. Sobs were heard alongside the counts, each carrying a victim’s name.
Survivors and their families were pleased with the announcement. Now they have at least a month to wait before hearing whether Holmes, who faced his verdict hands in pockets, will be sentenced to death or life in prison without parole.
During that month, jurors will hear even more testimony, including more from the shooting’s survivors.
“It’s going to be gut-wrenching testimony to listen to,” said defense attorney David Lane. “Victims are going to talk about how this crime has affected their lives irreparably. It’s going to be extremely emotional.”
Lane said Holmes’ defense team went into the trial “knowing full well” that a not-guilty verdict was unlikely. Still, the death penalty is far from certain.
A death sentence must be unanimous. Jurors have been instructed to treat their verdict as individual moral decisions.
“There is no right or wrong where a juror can look at another juror and say ‘Your morals are wrong,’’’ Lane said. “It’s not really up for debate.”
Holmes’ mental illness didn’t meet the requirements for legal sanity. But former prosecutor Bob Grant, whose case against Gary Lee Davis led to the state’s last execution, said it could save his life.
“The jury clearly understood the difference between crazy and insane, and that lead to the guilty verdict,” Grant said. “But he’s still crazy.”
“I think the prosecution has a difficult road ahead of them,” Grant said.
The execution of mentally ill people is increasingly controversial. Several groups, including the American Psychiatric Association and the National Alliance on Mental Illness, have called for an end to the practice.
It may well be on its way. There are currently three men on death row in Colorado, but the state hasn’t executed anyone since 1997. Gov. John Hickenlooper has said publicly that no executions will occur during his tenure.
Lindsay Schlateger, the communications director for the statewide campaign against the death penalty, says the death penalty is tough on victims and their families. The inevitable appeals process can take years.
“Every time one of those appeals comes up, they will have to relive the crime over and over again,” she said.
Nonetheless, the parents of several victims killed in the shooting have said they hope their children’s killer is put to death. Polls show that 2/3 of the American public still support the death penalty in some circumstances, even though bedrock conservative states such as Nebraska have made it illegal.
“I think hardcore America still believes in the death penalty as a response to the most heinous of crimes,” Grant said.
The decision ultimately rests with the 12 jurors who have watched every single day of the trial. They will appear in court on Monday at 9 a.m. to begin the sentencing phase.