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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. ....