By 3 News online staff
The jury in the Colorado theatre Batman shooting trial will consider the death penalty as it moves towards sentencing James Holmes.
Jurors voted the 27-year-old's lawyers had not presented a strong enough case to eliminate execution.
Holmes, a former neuroscience graduate student, was found guilty last month of murdering 12 people and trying to kill a further 70 in 2012.
He pleaded not guilty by reason of insanity, and his lawyers argued he was so addled by mental illness that he was unable to tell right from wrong at the time of the shootings.
But prosecutors maintained the attack was meticulously planned over months and Holmes knew what he was doing.
3 News / AFP