The Latest: Colorado shooting jurors to review Holmes video

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Posted: Jul 22, 2015 6:56 PM
The Latest: Colorado shooting jurors to review Holmes video

CENTENNIAL, Colo. (AP) — The latest in the sentencing phase of the Colorado theater shooting trial (all times local):

4:45 p.m.

Jurors in the Colorado theater shooting trial have gone home for the day without deciding whether shooter James Holmes should be considered for the death penalty.

The jury will watch some video of Holmes when it reconvenes Thursday.

The sentencing phase of the trial opened Wednesday. Prosecutors argued that Holmes should be executed because of aggravating factors in the case, such as the killing of a child. One of the 12 victims in the 2012 shooting was just 6 years old.

The jurors were given permission to view a recording of Holmes after the shooting in which he asks police officers if any children were hurt.

Colorado's complicated death penalty rules require jurors to decide on aggravating factors before they decide whether Holmes should be executed or sentenced to life in prison.

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3 p.m.

A judge banned Newsweek magazine from attending the rest of Colorado theater shooting trial after it identified a juror on social media.

The news magazine posted the jury foreman's name on Twitter last week, violating a court order barring news organizations from identifying jurors.

But District Judge Carlos A. Samour Jr. did not issue a contempt-of-court citation against Newsweek amid the sentencing phase of the trial Wednesday.

The juror in question told the judge he was concerned about being identified and said it was "not cool."

Samour lambasted the reporter later. He ruled that the juror could remain on the jury because he heard about the tweet but didn't read the story.

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2 p.m.

The judge in the Colorado theater shooting trial hasn't made a decision yet on what to do about a magazine that identified a juror.

Newsweek magazine posted the name of the jury foreman on Twitter last week, violating a court order barring news organizations from identifying jurors.

The juror in question heard about the tweet but didn't read the story. He told District Judge Carlos A. Samour Jr. that he was concerned about the tweet, saying it was "not cool."

Samour ruled that the juror could remain on the jury but made no immediate decision on a possible sanction again Newsweek. The tweet has since been deleted.

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1:40 p.m.

Lawyers for Colorado theater shooter James Holmes did not make any arguments disputing that the crime makes him eligible for the death penalty.

The sentencing phase of the trial started Wednesday. Prosecutors showed photos of the 12 people killed in the 2012 attack and argued the killings were tortuous.

Prosecutor Richard Orman told jurors that the victims died "surrounded by screaming and by pain and by anguish."

Holmes' lawyers will argue to spare his life later in the penalty phase. Sentencing is expected to last about a month.

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1:27 p.m.

Prosecutors in the Colorado theater shooting trial have started urging jurors to sentence James Holmes to death row by playing a slide show that includes photos of the 12 victims.

The sentencing phase of the trial started Wednesday. Prosecutors are beginning by explaining so-called aggravating factors that make Holmes eligible for execution, including that he killed a child.

Prosecutor Richard Orman told jurors that Holmes intended to kill more than 12 people when he opened fire in a crowded theater in 2012.

Orman says that Holmes went into the crowded theater "and intended to kill every single one of them."

Holmes' lawyers had said the slide show was inflammatory and are urging a sentence of life in prison.

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11:40 a.m.

Jurors who convicted Colorado theater shooter James Holmes of murder are back in court to decide whether he should be sentenced to death or life in prison.

The penalty phase of the trial starts Wednesday with prosecutors telling jurors why Holmes should be eligible for execution. They'll talk about aggravating factors, such as Holmes killing a child younger than 12 in the 2012 attack at a crowded movie theater.

The jurors last week convicted Holmes of 165 counts of murder and other crimes stemming from the shooting that left 12 people dead and 70 injured.

The sentencing phase was delayed for about two hours while lawyers argued about prosecutors' plans to use a slide show that includes pictures of all the victims.

District Judge Carlos A. Samour Jr. ruled that prosecutors could again show it.

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9:55 a.m.

The sentencing phase of the Colorado theater shooting trial has started, with defense lawyers trying to block prosecutors' plans to use a slide show that includes pictures of all the victims.

Jurors who convicted James Holmes of the 2012 attack that killed 12 people and injured 70 will first hear from prosecutors Wednesday. Holmes' lawyers said the slide show is inflammatory.

Prosecutors and the defense are expected to spend about a month making their cases for why Holmes should be either executed or sentenced to life in prison.

The jurors last week convicted Holmes of 165 counts of murder and other crimes stemming from the shooting at a crowded movie theater in suburban Denver.