Death penalty still an option for 'Batman' shooter

After discussing Holmes' case for two hours on Monday, members of the jury in Centennial, Colorado decided that his mental illness was not enough to spare him from a possible death penalty.

According to the prosecution, Holmes made a conscious decision to massacre and then hid his preparations from everyone. He could not be allowed to use his mental illness as a "shield," the district attorney said. Prosecution lawyers are seeking capital punishment for the convicted killer.

Earlier, jurors found the shooter guilty on all 165 counts of murder, attempted murder and explosives charges related to the mass shooting in a multiplex in Aurora, near Denver, in July 2012.

Justifying death

Death penalty cases in Colorado require jurors to deliberate three times on a guilty person's fate, to decide whether the accused will receive a lethal injection or be sentenced to life in prison without parole. If they fail to reach a decision the trial ends with an automatic sentence of life in prison. In this case, however, the defense may not be able to avoid a death penalty for the shooter.

The jurors have also determined there were aggravating factors that could justify capital punishment for the accused. For this purpose, the court will resume hearing witnesses and arguments on the impact on victims. Jurors will then sit together for a final time to decide whether prison or death is the right punishment.

Holmes, 27, has been in police custody since the night of the mass murder, in which 12 people were killed during the midnight premier of the Batman sequel "The Dark Knight Rises." Seventy people were wounded in the attack.

mg/cmk (AFP, Reuters)