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Detailed text transcripts for TV channel - FOXNEWS - 20150803:18:47:00

Executions on his watch, so another factor is can there be governor nullification of the death penalty? we ll have to wait and see and only three people currently on death row in this state. brian, politics always factors into anything when we talk about the death penalty but that won t factor into what the jurors will decide when they go now to phase three. so how do you see this playing out? i explained earlier that they heard from the family of james holmes in phase two to try to present the mitigating factors that they hoped would outweigh what the prosecution is saying. now we re going to hear from the victims. how is that going to play out, brian? well it s not going to help james holmes because you re going to hear from the victims. you ll hear the how terrible this is in their life and how they have lost loved ones and this can only bring worse things for james holmes. i don t see, gretchen how faze three can help james holmes at ....

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Detailed text transcripts for TV channel - FOXNEWS - 20150803:18:52:00

Juror 118. are these your phase two sentencing verdicts, and the jurors phase two sentencing verdicts? [inaudible] juror number 378 are these your phase two sentencing verlanders and the juror s phase two sentencing verdicts? yes. seat number 14, juror 155 are these your phase two sentencing verdicts and the jury s phase two sentencing verdicts. yes. seat number 15, juror 527 are these your phase two sentencing verdicts and the jury s phase two sentencing verdicts? [inaudible] seat number 17 but temporarily you can hear the judge in colorado going through each juror, asking them if this is their verdictment hey have the gone through 24 counts and said they unanimously want to move to james holmes trial on to phase three, the death penalty phase officially. dan and brian are still with me. ....

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Detailed text transcripts for TV channel - FOXNEWS - 20150803:18:48:00

All. the arguments that had to have been made feverishly in james holmes diary, gretchen he actually wrote the word at least 50 times the word why? he kept saying why in his diary and even said in there, you know i have a broken mind so i have to admit i m a little surprised by this verdict because when holmes is saying why? he s basically reaching out and saying okay wait a minute. i know i m planning this thing, but somebody help me because i don t really know why and i really don t want to do this so his lawyers really have to try to weave in something like that in phase three. help me understand from a legal point of view mid thegation and aggravation, so here s one thing that i read. when does mitigation outweigh aggravation aggravation? when the mitigation is the cause of the aggravation. so in this case i guess mental illness caused him obviously to shoot in the theater, but the jury is disagreeing with that today and saying that the mitigating factors did not ....

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Detailed text transcripts for TV channel - FOXNEWS - 20150803:18:31:00

Bottom of the hour. fox news alert. moments away from hearing a key verdict in the sentencing phase of the colorado movie massacre trial. jurors deciding on the mitigating factors in this case but their decision must be unanimous. otherwise convicted theater shooter james holmes will be sentenced automatically to life in prison. if they come back together and are not unanimous. if they are unanimous just moments from now then this will go on to what people call phase three and they will hear impact statements and it will be the lawyers asking them q&a along the way. then they will make a final determination about whether holmes will live or die and it has to go to faze three. the jury is not back into the ....

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Detailed text transcripts for TV channel - FOXNEWS - 20150803:18:54:00

James holmes guilty of the 12 murders. then phase two and that was whether or not the mitigating factors outweighed the aggravating ones. in other words hill we go on to possibly face the death appoint. today the jurors unanimously say, yes so now brian we move on to phase three. complicated system in colorado. right? reporter: it s complicated but in place to make sure that the jury gets the decision right, and as you noted earlier colorado is a very liberal state. that s why they have a three-phase process. but i want to reiterate that james holmes will be sentenced to death. the real death penalty phase was phase two. his best shot at getting out was phase t victim impact statements will do nothing but hurt him more tomorrow or the following day. all right dan springer, brian claypool. great to have you onboard. let s move on to this. ....

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