They would have started the day like that as the jury was still deliberating for phase 1. If they had not been unanimous on their decision that at least one aggrevater was proven beyond a reasonable doubt, they wouldn't have moved onto phase 2. The fact that they're in phase 2 indicates they returned that verdict.
I'll have to watch the recording of the verdict for phase 1 being read later.
Phase 2 is mitigating factors. Basically the defense is trying to convince the jury to show mercy towards Holmes so they don't decide on the death penalty. To do this the defense is calling witnesses to show that Holmes deserves to live. But so far I haven't seen any witnesses who have convinced me of such mercy. So far all the witnesses I've seen were either former teachers or friends from middle or high school.
Everyone, so far, has talked about Holmes as a kid and that he was a nice, smart and awkward kid. The older he got, the more awkward he got. And the more introverted he got. He obviously got sicker the older he got - but never did anything bad.
The defense is obviously attempting any possible sympathy they can get - but they're sure grasping at straws. So far they haven't called anyone who knew him within a year of the incident. Although I have heard that they were going to call his parents at some point, maybe even his sister. I think they're starting with witnesses who are available now and not later to get them all in.
Most of the witnesses they've called so far haven't seen or spoken to Holmes in years. And they certainly aren't his friend. I think they've been supenaed (sp?) by the defense so they may not have had a choice in whether they testified or not. I just hope the public doesn't mistreat them for testifying on his behalf.
All the news coverage I've seen about the trial shows a lot of very angry victims who hate Holmes literally to death. It makes me wonder how they've reacted to the various defense witnesses who were there, and Holmes' parents. Some of them might be angry enough to say things to these people, but maybe the court house staff keeps people separate somehow.
Tomorrow phase 2 will continue, although I'm not sure for how much longer. The judge keeps saying that not all 3 phases are guaranteed. So I guess the jury can decide something after phase 2 that would prevent phase 3 from happening. And I think it's phase 3 where the actual death penalty is decided.
I wonder if this process is the same in all states or if it's unique to Colorado.
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