Verdict Reached In Aurora Theater Shooting Trial
CENTENNIAL, Colo. (CBS4) - A verdict has been reached a unanimous decision in the Aurora theater shooting trial.
The jury informed Judge Carlos A. Samour Jr. that they have reached a verdict just before 1:30 p.m. Thursday.
LIVE VIDEO: Watch The Trial Live At CBS4's Theater Shooting Trial Special Section
The verdict will be read at approximately 4:15 p.m. so survivors, the victims' families and the media will have time to get to the courthouse to hear the verdict. It is expected to take 90 minutes to read the verdict. That's roughly as long as it took for the judge to go through the charges.
Gunman James Holmes is facing 165 counts. He pleaded not guilty by reason of insanity to the massacre in an Aurora theater in July of 2012. He's facing 24 counts of first-degree murder for the 12 people who died in the shootings -- two for each of the 12. He faces two counts of attempted murder for each of the 70 he wounded that night at the Century 16 Theater.
There are also charges related to the weapons Holmes used that night and the explosives found in his apartment which were wired to go off as police investigated after the shootings.
If Holmes is found guilty on at least one of the murder charges by the jury, once the verdict is read the trial will immediately enter into the penalty phase.
During that phase the jury will determine if he will be getting the death penalty or life in prison without parole. If Holmes is found not guilty by reason of insanity on all charges he would be committed to a state Department of Human Services hospital in Pueblo for an undetermined amount of time.
If he is found guilty of
a lesser charge (second degree murder or manslaughter) there would be a sentence delivered by the judge.
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Holmes and his defense attorneys have never disputed the fact that he perpetrated the massacre. But his lawyers have been arguing -- and it's key to his defense -- that Holmes was insane and didn't know right from wrong at the time.
CBS4 Investigator Rick Sallinger has been covering the case since the shooting occurred in 2012. He said the verdict came very fast considering the amount of charges and evidence.
"It was very fast indeed ... you would think with 165 charges and thousands of pieces of evidence it would take them much longer than this to reach their decision," Sallinger said. "But obviously they were all of the same mind and were able to come to a conclusion quickly, and what that is, whether they found James Holmes to be sane at the time of the theater shooting and guilty of first-degree murder going on next to a death penalty phase, or if he was insane and will go to a mental institution, we will learn at 4:15 p.m."
The jury heard testimony from two state-appointed forensic psychiatrists called by the prosecutors who examined Holmes months and years after the shooting. They found him severely mentally ill yet capable of knowing right from wrong, concluding that he was sane.
Defense attorneys portrayed Holmes as addled by mental illness and unable to tell right from wrong. They also called psychiatrists to testify who analyzed Holmes and declared that he suffers from severe schizophrenia.
The nine women and three men on the jury began deliberating on Tuesday morning. They sent four questions to the court on Tuesday. The most significant dealt with whether copies of reports by the psychiatrists were entered as evidence. They weren't.
The verdict will be covered live on CBS4 and CBSDenver.com.
Aurora Theater Shooting Timeline
July 20, 2012 - A person wearing a mask hurls a gas canister and begins firing into a midnight showing of "The Dark Knight Rises" in Aurora. James Holmes is arrested behind the Century 16 theater, standing quietly next to his car.
(credit: courts.state.co.us)
July 23, 2012 - With his hair dyed a blazing reddish-orange, Holmes appears in court for the first time.
James Holmes in his first court appearance on July 23, 2012. (credit: RJ Sangosti-Pool/Getty Images)
Sept. 22, 2012 - The first civil suits by victims filed against Cinemark, owner of Century 16. They claim lack of security contributed to the shooting.
Oct. 11, 2012 - Prosecutors finalize the charges against Holmes: 24 counts of murder and 140 counts of attempted murder, two counts for each victim. He's also charged with one count of possession of explosives and one of committing a crime of violence.
Nov. 13 or 15, 2012 - Holmes is taken to a hospital psychiatric ward because he is considered a danger to himself, his lawyers say. They later reveal Holmes was hospitalized a second time for "potential self-inflicted head injuries."
Jan. 8, 2013 - Preliminary hearing begins with gripping testimony of shooting.
Jan. 10, 2013 - Judge rules there's enough evidence to try Holmes on all counts.
Jan. 25, 2013 - Cinemark reopens theater where shooting happened after remodeling and now calls it Century Aurora.
Feb. 19, 2013 - Judge orders second psychiatric exam for Holmes saying the first exam was incomplete and inadequate.
March 27, 2013 - Court records indicate Holmes defense offered a guilty plea in exchange for a life sentence.
July 10, 2013 - Court records indicate the defense admits Holmes committed the mass shooting.
March 13, 2013 - Judge enters a not guilty plea on Holmes' behalf after defense says he isn't ready to enter a plea.
April 1, 2013 - Prosecutors say they will seek the death penalty. Judge Carlos Samour is named to preside over trial, replacing Judge William Sylvester.
May 13, 2013 - Holmes' lawyers ask the judge for permission to change his plea to not guilty by reason of insanity.
June 4, 2013 - Judge accepts insanity plea and orders Holmes to undergo a mental evaluation.
Sept. 16, 2013 - Deadline for Colorado Mental Health Institute to submit report on Holmes' sanity.
Feb. 3, 2014 - Trial is scheduled to begin with jury selection. As many as 5,000 prospective jurors will be summoned. Judge has set aside four months for trial.
Aug. 16, 2014 - Federal judge allows civil suits to proceed.
Sept. 30, 2014 - Judge Carlos Samour allows trial to be televised with fixed in-court security camera.
Nov. 7, 2014 - Judge expands jury pool to 9,000 people to be summoned.
Dec. 19, 2014 - Holmes' parents send The Denver Post a letter publicly asking that their son's life be spared, saying he is severely mentally ill.
Jan. 20, 2015 - Jury selection begins.
April 14, 2015 - Nineteen women and nine men seated to serve as jurors and alternates for trial.
April 27, 2015 - Opening statements delivered.
April 28, 2015 - Testimony begins in the trial. The trial is expected to last for approximately five months but could be shorter.
June 9, 2015 - Three jurors are dismissed from the trial for juror misconduct after one juror admitted she had heard about the trial from her husband who mentioned something he saw on Facebook. The two other jurors heard the woman talking about it.
June 15, 2015 – A fourth juror was dismissed from the trial because the judge didn't think she was being honest with him when she told him a family member had a tragic accident. Her story then changed when she then told the judge her brother-in-law was shot during a robbery attempt at an ATM.
June 17, 2015 – A fifth juror was dismissed from the trial because the judge said the juror didn't reveal all the facts when she said she recognized a witness who testified in May. Judge Carlos A. Samour said he didn't dismiss her earlier because he didn't have all the information.
July 16, 2015 - The jury reaches a verdict. Scheduled to be announced at 4:15 p.m.
