Reuters/Denver

Jurors in Colorado’s movie massacre trial began deliberating yesterday on the fate of gunman James Holmes, who has pleaded not guilty by reason of insanity to multiple counts of murder and attempted murder stemming from his rampage in July 2012.
Holmes, a 27-year-old former neuroscience graduate student from California, could face the death penalty if he is convicted of opening fire inside a midnight premiere of a Batman movie at a Denver area multiplex, killing 12 people and wounding 70.
The jury of nine women and three men heard evidence and both sides’ closing arguments in a capital trial that lasted almost three months.
During the trial, two court-appointed psychiatrists testified for the prosecution that while the defendant is severely mentally ill, he was sane when he plotted and carried out the massacre.
The defence conceded that Holmes was the gunman who opened fire and killed the moviegoers. Their case centered on two hired psychiatrists who concluded that he is delusional and schizophrenic, and cannot be held legally accountable.
If the jury agrees Holmes was insane, he would avoid execution and likely spend the rest of his life committed to the state’s mental hospital in Pueblo, 100 miles (160km) 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 defence 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.
Less than an hour after deliberations began, the jury submitted a written question to Arapahoe County District Court Judge Carlos Samour, requesting a white board for the jury room. Samour agreed after consulting lawyers from both sides.
Holmes did not testify in his own defense, but jurors watched a video of some 23 hours of interviews conducted with him by one of the court-appointed psychiatrists.
Samour said if the jury asks to view any videos or listen to audio recordings presented at trial, he will discuss the request with attorneys from both sides before deciding whether to allow them to be replayed.