CENTENNIAL – The swift verdict in the Aurora theater-shooting trial signaled a quick rejection of the gunman’s plea of insanity.
But James Holmes’ mental health will play a larger role in deciding his sentence than it did in deciding his guilt, experts say.
On Thursday, Holmes, 27, was found guilty of all 165 counts against him, including 24 counts of murder in the first degree. The shooting in a suburban Denver movie theater left 12 people dead and scores of other injured.
The decision launches the case into what could be a monthlong death-penalty sentencing hearing. During that three-part hearing – which is likely to be just as emotional as the first 12 weeks of trial – jurors could deliberate up to three more times and will again be forced to weigh Holmes’ mental health.
“I think there was room for the jury to go either way,” said Larry Pozner, a Denver defense attorney and legal analyst. “I do not believe this is a signal that they are ignoring the enormous mental-health issues.”
During the first phase, prosecutors will have to prove that at least one aggravating circumstance exists in this case. There are more than a dozen aggravating factors in Colorado. Prosecutors have named five in this case – including the death of a child younger than 12 – and defense attorneys likely will not contest them.
The second phase will be crucial in the defense’s case as they present “mitigating evidence” or evidence they feel will sway jurors toward a sentence of life in prison. Unlike the first portion of trial, defense attorneys will be able to present more emotional evidence and testimony – such as Holmes’ parents.
“The next phase is going to be an uphill battle for the prosecution because it surrounds the emotion of the defendant and is less focused on the emotions of the prosecution and the victims,” said Denver defense attorney David Beller.
That Holmes was the lone gunman was never in doubt. He was arrested in the parking lot as survivors were still fleeing, and he warned police he had rigged his nearby apartment into a potentially lethal booby trap, which he hoped would divert first responders from the theater.
His attorneys argued that Holmes suffers from schizophrenia and was in the grip of a psychotic breakdown so severe that he was unable to tell right from wrong – Colorado’s standard for insanity. They said he was delusional even as he secretively acquired the three murder weapons – a shotgun, a handgun and an AR-15 rifle – while concealing his plans from friends and two worried psychiatrists in the months before the shooting.
Beller said he was surprised that the jury returned a verdict so quickly, despite the fact that all four psychiatrists who evaluated Holmes diagnosed him with some form of schizophrenia. But that evidence and other “seeds” the defense planted may be considered during the death-penalty phase.
The initial phase of Holmes’ trial took 11 weeks, but jurors needed only about 12 hours over a day and a half to find him guilty on all 165 counts.
The same panel must now decide whether Holmes, who had dropped out of a doctoral program in neuroscience, should pay with his life. Starting Wednesday, they will hear what is expected to be a month’s worth of testimony over whether Holmes deserves the death penalty.
For almost an hour, Judge Carlos A. Samour Jr. read charge after charge, reciting the name of the victim, the offense and the word “guilty.” Dressed in a blue shirt and khakis and flanked by his public defenders, Holmes stood impassively with his hands in his pockets the whole time.
The rest of the courtroom was bursting with emotion. Even before the verdict was read, jurors passed around a box of tissues and dabbed their eyes. The foreman attended Columbine High School during the 1999 shooting there that left 13 dead.
When Samour read the first finding – that Holmes was guilty of first-degree murder for killing 26-year-old Jonathan Blunk, a father of two who died throwing himself in front of his girlfriend to shield her from the barrage – numerous victims’ families burst into sobs, trying to stifle the noise by pressing tissues to their noses and mouths.
“As soon as you heard the first guilty, we knew all the dominoes were about to fall,” said Tom Sullivan, whose son Alex was killed.
When Samour read the name of another murder victim, Jessica Ghawi, her mother, Sandy Phillips, silently mouthed “yes,” and her husband wrapped his arm around her to pull her close.
“We’re very happy this animal, this monster, will never see the light of day,” Phillips said later outside court. “It feels good to have this weight off our backs.”
Holmes’ parents, Arlene and Robert, sat silently holding hands throughout the verdicts. After the final count was read, Arlene buried her face in Robert’s shoulder.
Associated Press Writer Sadie Gurman contributed to this report.
