Page 14 - Mitigating Factor News Today

Case. however, that juror that we just saw questioned there, i believe juror 17, felt, in a follow-up question, that the person who voted and said, listen, theres no way im going with death, she felt, at least from her perspective, that it was genuine and sincerely held belief that, in fact, it was just this -- that that is not the way they could go. lets not also forget that although mental illness did not work in terms of the defense to find him insane, it could have very well worked here wher...

Mitigating factor. but its a death penalty case. we should talk about also, its -- in 40 years, colorado executed one person. it happened in 1997. certainly the person deserved it. rape and shooting a person 14 times. that was in 1997. hasnt happened since that time. and the governor has indicated that he would make it very difficult to do it here. although the thing moves forward, theres mitigation, you show baby pictures and family and teachers -- >> family photos and then the next thing is th...

The jury had to find only one so-called aggravating factor in the shootings. they found a total of 96. so then it moves on to the next phase, which is mitigation. here james holmes and his attorneys literally fighting for his life here. we began hearing yesterday from a parade of people from holmes past his childhood piano teacher, a high school friend teachers, camp counselors trying to put a human face on holmes, and the defense will now continue with likely experts, psychiatrists who can talk...

Nothing. i mean thats how i feel towards him is nothing. hes -- hes aaspeck of nothing in my life and i dont want to give him any energy. >> this was a short deliberation. just two days. what did the jury have invested in knowing what they were coming back with? because obviously there was so much information they were bombarded with. >> right. it took them a day and a half and a big part of that was probably filling out more than 600 pages of verdict forms that were finally read yesterday after...

Guilt phase, it doesnt seem you dont have to be a mind reader to see whats going to happen here. >> im thinking if youre the defense right now, and youre so roundly rejected by mental issues, what do you put up now? >> well you put his parents on the stand. the kindergarten teacher, you put on anyone who is going to give sympathy to mental illness and how this affected him and that he committed suicide as a child, and these issues have been ongoing, and therefore, they should be merciful. and ye...

>> the jury described what happened technically today. the jury first had to come to their unanimous decision on each of the aggravating and mitigating factors. that is to say theres a set of statutory aggravateing factors and mitigating factors and where they found each and where they announced. it seemed that some of the mitigating factors the defense put forward, the remoteness of the tsarnaevs father, the sort of experience of dislocation. they did not find persuasive. >> no they didnt find ...

Takes one count so thats one of the issues. >> heeshz something, karen, page 14, tsarnaev demonstrated a lack of remorse, proven beyond a reasonable doubt, why does that matter? why does he have -- >> thats a mitigating factor. remorse means they feel sorry for actions. obviously when youre going to -- >> surely did you do it or did you not do it? >> sadly thats not what you do in a sentencing phase. you bring out family members and kindergarten teacher and trying to save somebodys life. any of ...

Prison and they are asking for life because its not a lesser sentence but a different sentence. and the older brother is the key, and if it were not for tamerlan this would not have happened and the prosecutors say they were partners in crime so its not a mitigating factor whether tamerlan was the leading force, and prosecutors believe they were equal. and the third thing is remorse, and he doesnt have any, and this was a terrorists attack and he deserves death and tsarnaevs attorneys say he is ...

>> no, but i was watching the jurors very, very closely in that courtroom. this is serious apnd the judge was making sure they understood the implications of what they choose saying nobody has to decide that death is the right answer. you can have all the aggravating factors you want, but if one mitigating factor which is maybe he was persuaded by his brother, if thats the one that resonates with a juror, they dont have to decide death. so again, no real checklist. >> unanimous on death, however...

Confrontations with the police. now montrezl you think your school got a bad rap about that. what do you want for the future of the city stemming from this entire situation in. >> i want our young people to come together as one. you see what im saying? you see what power we have as youngsters out here. im trying to bring positivity to the neighborhood where i am right now. you understand what im saying? >> reporter: thank you. we appreciate. good luck. this is the spirit of what were seeing toni...