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Feature: Jurors reject emotional pleas for theater shooter's defense, move closer to execution decision

Xinhua, August 4, 2015 Adjust font size:

A Colorado jury took fewer than three hours to reject mass murderer James Holmes' best chance to avoid execution.

Monday's unanimous vote by the three men, nine women jury moved Holmes' sentencing into the final, brief stage that made his death penalty verdict virtually certain.

Holmes, heavily sedated on anti-psychotic medication, stood impassively, wearing a light blue shirt and dark khakis with his hands in his pockets as the judge read the verdict.

Family members wiped away tears as they heard the names of their deceased announced by the judge, and that the defense had failed to prove that "mitigating factors" such as Holmes' mental illness had outweighed "aggravating factors" such as the devastation the massacre had wrought on countless people.

"We were happy the jury moved past this phase so quickly," said Sandy Phillips, whose 24-year-old daughter Jessica Ghawi was killed by Holmes, to a throng of reporters outside the courtroom.

"I've always been against the death penalty, but seeing the witnesses testify, the disregard for life, no remorse, no compassion," Phillips said, pausing. She said later that there are some people who deserve the death penalty and that Holmes is one of them.

Phillips told the media she will testify Tuesday as District Attorney George Brauchler launches a final offensive, highlighting the heinous nature of Holmes' plan.

Up until Monday's verdict, the same jury has ruled against Holmes three times.

On July 16, the jury rejected his "not guilty by reason of insanity" plea and found him guilty on all 165 counts of murder and attempted murder in a surprise attack on a packed Batman movie audience in 2012.

Phase two of the three sentencing hearings for Holmes saw the defense put Holmes' sister, father and mother on the stand on consecutive days from July 27 to 28, and the jury seemed swayed by their emotional support.

Holmes' parents, who gave powerful, emotional appeals last week on behalf of their son, bowed their heads in grief as the judge read the names of the 12 people their son had killed, knowing their best chance to save their son had failed.

Robert Holmes handed his wife Arlene tissues and put his arm around her as the judge delivered the news.

"He faces an uphill battle from here on in," said Denver-based legal analyst and lawyer Scott Robinson. "That was the last best chance for him to be spared capital punishment."

The sentencing hearing moves into its final phase Tuesday and will showcase painful testimonies from victims and family members about how the carefully planned massacre has affected their lives.

The jury's final vote on the death penalty decision for Holmes may be delivered by the end of this week.

Lonnie Phillips, Ghawi's grief-stricken father, told Xinhua that he doesn't care if Holmes gets life imprisonment or the death penalty. "I just want to move past this ... and to never see his face again," he said.

Defense attorney Tamara Brady said Holmes was schizophrenic, citing psychiatrists who all called Holmes mentally ill after interviewing him.

"When James Holmes was born, he had this psychotic mental illness in his blood," she said, noting that Holmes' grandparents and aunt also suffered from schizophrenia.

"If not for his mental illness, the massacre at the Batman movie premiere never would have happened," Brady said.

Yet Brauchler's closing argument, which held Holmes accountable for one of the worst mass murders in U.S. history, apparently resonated with the jury.

Brauchler said that Holmes is a selfish narcissist who hated people and carefully planned a mass murder to maximize casualties and "increase his self worth."

He described the Century 16 theater as Holmes' "kill box," and while showing pictures of all 12 people Holmes had murdered, displayed a picture of pretty, smiling, little six-year-old Veronica Moser-Sullivan.

"He shot her with four bullets," Brauchler said about the deceased child with his head bowed. "He knew what he was doing."

Brauchler and Brady will square off again at the end of this week to deliver their closing arguments in the final sentencing phase.

It is speculated that the defense team will again call one of Holmes' parents to make a second plea for their son's life.

Holmes' life may still be saved only if one of the 12 jurors chooses to spare his life in the final sentencing vote. Endi