Holmes Trial: What to Know As Jury Deliberates - NBC New York
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Holmes Trial: What to Know As Jury Deliberates

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    NEWSLETTERS

    Holmes Trial: What to Know As Jury Deliberates

    Attorneys delivered closing arguments Tuesday in the long trial of Colorado theater shooter James Holmes. Here's a look at top elements in the case:

    THE CRIME:
    About 420 people were watching a midnight showing of "The Dark Knight Rises" on July 20, 2012, in the Denver suburb of Aurora when Holmes opened fire, killing 12 people.

    Fifty-eight others were wounded by gunfire, and 12 were injured in the scramble to escape. Holmes surrendered to police outside the theater.

    His attorneys acknowledged he was the gunman, but they said he was in the grip of a psychotic episode.

    THE CHARGES:

    Holmes is charged with 24 counts of murder and 140 counts of attempted murder — two counts for each person killed and two for each person injured. He's also charged with possession of explosives.
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    THE TRIAL:
    The trial began with opening statements April 27. Over the next 11 weeks, jurors heard from more than 250 witnesses, viewed more than 24 hours of video and saw more than 1,500 photos, some of them disturbing images of the victims.

    They also examined scores of pieces of evidence, including Holmes' guns and ammunition. Holmes didn't testify.
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    SANE OR INSANE?
    Holmes pleaded not guilty by reason of insanity, which under Colorado law means he acknowledges committing the acts but believes he wasn't responsible because he couldn't tell right from wrong.

    Two court-appointed psychiatrists testified he was legally sane; two defense psychiatrists told jurors he was legally insane.
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    WHO DECIDES?
    Under Colorado law, the jurors will determine whether Holmes was sane or insane. If they find he is guilty, they will decide on the sentence — death or life in prison without parole.
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    THE PENALTY:
    If Holmes is convicted of murder, he could be sentenced to execution — which prosecutors want — or to life in prison without the possibility of parole.

    If he's found not guilty by reason of insanity, he would be committed indefinitely to the state mental hospital. That means if he were some day declared to be sane, he could be released, although experts say that's unlikely.
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    THE JURY:
    The 12-member jury and seven alternates were chosen after closing arguments Tuesday. Deliberations begin Wednesday.

    The judge originally seated 12 jurors, plus 12 alternates to replace any jurors who had to be dismissed for health or other reasons.

    Five had been dismissed, either for seeing news reports about the case or, in the case of one juror, having a family member injured in an unrelated crime during the trial.

    Counseling will be available to the jurors after they have reached a verdict and the trial is over.
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    WHY HAS IT TAKEN SO LONG?
    It took 2½ years for the judge, the prosecution and the defense to plow through the mountain of evidence and hash out numerous legal questions.

    Further complicating matters were the number of victims, the prosecution's decision to seek the death penalty and Holmes' decision to plead not guilty by reason of insanity.

    It took nearly three more months to choose the jury after 9,000 summonses were sent.
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    WHY WAS THERE NO PLEA AGREEMENT?
    Holmes offered to plead guilty if prosecutors would agree to a life sentence without parole. Prosecutors rejected the offer.