James Holmes – Colorado theater shooting

Associated Press
In this Monday, April 27, 2015 sketch by courtroom artist Jeff Kandyba, Aurora theater shooting defendant James Holmes, center left, and defense attorney Daniel King sit in court at the Arapahoe County Justice Center on the first day of Holmes' trial, in Centennial, Colo. Holmes acknowledges killing 12 people and wounding 70 more inside a packed movie theater in July 2012, but has pleaded not guilty by reason of insanity. (AP Photo/Jeff Kandyba)

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Jurors in the Colorado theater shooting trial declined to rule out the death penalty Monday as they move toward sentencing James Holmes, finding his defense failed to persuade them to show him mercy.

The decision clears the way for a last plea from both sides, including what is expected to be gripping and emotional testimony from victims about the harm and suffering Holmes caused with his slaughter.

After those arguments, the jury will make its final decision on whether the 27-year-old should die by lethal injection or spend the rest of his life in prison.

The same jury last month convicted Holmes of killing 12 people and injuring 70 in the July 2012 attack at a suburban Denver movie theater. Jurors rejected the defense claim that mental illness had so warped his mind that he could not tell right from wrong. (AP)

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