The second phase in jury selection in the case of James Holmes, the man accused of the Colorado theater killing in 2012 that killed 12 people and injured 70 others, has begun. It is estimated that the process, which is inching along, will take at least four months before the trial can even begin. The initial process, an extensive questionnaire has been completed. The second stage involves questioning potential jurors individually regarding their attitudes toward mental illness, execution and whether the extensive media coverage has affected their ability to be impartial.
Out of an initial pool of about 9,000 people, over 1,000 were almost immediately dismissed for reasons ranging from doctors’ notes, not being U.S. citizens, family problems and not being residents of Arapahoe county. On Wednesday, the individual questioning of those who made it past the questionnaire began in groups of 12 people per day, with each side having 20 minutes to ask each person if they think they have the ability to be fair.
Judge Carlos A. Samour hopes to eventually have the potential field down to about 120 prospects, who will then undergo group questioning, ending with 12 jurors and 12 alternates. Opening statements are not expected to begin until late May or early June.
Although present in court, Holmes is paying little attention to the selection of the people who will ultimately determine his guilt or innocence, and, if he is convicted, whether he should be executed. Holmes rarely looks around the courtroom, occasionally doodling on a yellow legal pad and essentially ignoring the potential jurors and dozens of reporters.
The slow-moving process is frustrating the families of the shooting victims. Some are trying to get reporters to withhold Holmes’ name from coverage. Tom Teves, whose son Alex was killed in the shooting, refers to Holmes as “it,” and says there is no journalistic reason to either show “its” picture or “name this thing.”
Holmes, 27, has pleaded not guilty by reason of insanity. His lawyers do not deny that he was the gunman in the theater, but say he was insane at the time of the shooting. Prosecutors are seeking the death penalty. Only potential jurors who say they would be willing to sentence someone to death can be selected.
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