Penalty phase for Colorado shooter continues; prosecution seeking death penalty

SAN DIEGO (KUSI) – The penalty phase of the Aurora, Colorado movie theater shooter's trial began Wednesday.

James Holmes is pleading guilty by reason of insanity.

But the jury rejected that defense last week when it found him guilty on 24-counts of murder and 140 counts of attempted murder.

The same jury that convicted him will deliberate during the penalty phase.

Back in 2013, the prosecution said it would seek the penalty.

On Tuesday, Holmes told the judge he will not testify for himself during the penalty phase. 

He said he voluntarily made his decision and was not pressured by his lawyers. 

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