Theater Gunman: 'I Don't Want To Testify'
CENTENNIAL, Colo. (CBS4)- The Aurora theater gunman spoke in court on Tuesday to tell the judge he wouldn't be testifying during the sentencing phase of his trial.
James Holmes said, "I don't want to testify" when Judge Carlos Samour explained his right to testify on his own behalf during phase one of the sentencing trial.
Holmes was convicted on Thursday of first-degree murder and attempted first-degree murder in the July 20, 2012 shooting that left 12 people dead and 70 others injured.
LIVE VIDEO: Watch The Trial Live At CBS4's Theater Shooting Trial Special Section
Holmes also declined his legal right for allocution, a statement made by a defendant before a sentence is pronounced. Holmes has the right to make an uncontested statement before the jury leaves to deliberate on aggravating factors as he will have before the jurors deliberate in phase two and before deliberating on the final sentencing.
Judge Samour will ask Holmes his decision on testifying and allocution during each phase of sentencing.
The defense gave the prosecution a list of 40 witnesses who could testify for the defendant in phase two. The judge ruled one prospective witness will not be allowed to testify because the witness was only going to talk about the impact on Holmes' mother.
