James Holmes – Colorado theater shooting

Associated Press
This photo provided by the University of Colorado shows James Holmes. University spokeswoman Jacque Montgomery says 24-year-old Holmes, who police say is the suspect in a mass shooting at a Colorado movie theater, was studying neuroscience in a Ph.D. program at the University of Colorado-Denver graduate school. Holmes is suspected of shooting into a crowd at a movie theater killing at least 12 people and injuring dozens more, authorities said. (AP Photo/University of Colorado)

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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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