Convicted gunman in Aurora movie theater shooting will not speak during first sentencing phase

Judge will ask again before phase two

CENTENNIAL, Colo. - The man convicted of killing 12 people and injuring 70 others at an Aurora movie theater will not speak during the first phase of the sentencing hearing.

James Holmes faces the death penalty for the mass shooting on July 20, 2012. The first phase of the sentencing hearing begins Wednesday after court resumes at 8:40 a.m.

In a court hearing Tuesday, Judge Carlos Samour addressed Holmes directly to advise him of his right to testify and make an allocution statement. The judge warned if the gunman chose to testify, he would face cross-examination - in a manner similar to what he had seen during the guilt phase of the trial.

The gunman indicated that he did not want to testify.

The judge also advised the gunman that if he chose to make an allocution statement, he would not face cross-examination.

The gunman also declined to make an allocution statement.

This was the first time since being convicted that the convicted mass murderer has spoken out loud in court.

The last time he spoke in court was to confirm that he understood his right to testify on his own behalf during the guilty phase.

Holmes confirmed he understood his options and then stated, "I choose not to testify."

Judge Samour indicated that he will be repeating the questions he asked the gunman Tuesday prior to the start of each of the subsequent phases of the penalty hearing, if necessary. 


Learn more about the phases of the sentencing hearing here: 

What happens next in theater shooting case to decide the gunman's fate?

TIMELINE of the case:

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