As the testimony in the trial of 27-year-old James Holmes ended last week, jurors will hear the final arguments on Tuesday, as they decide whether Holmes was legally insane or if the mass murder was calculated.
Arapahoe County District Court, Judge Carlos Samour gave prosecutors and the defence two hours for the presentation of their case regarding the issue while Tuesday will be the last time lawyers will address the jury as the panel will begin on Wednesday.
The gunman faces a total of 165 counts of charges from first-degree murder, attempted murder and explosive charges after the shooting during a screening of “The Dark Night Rises” in Aurora, a city in Colorado, the US, on July 20, 2012.
The mass shooting killed 12 people and wounded another 70, while dozens fled the theatre.
If convicted, prosecutors will seek the death penalty for Holmes, while he has pleaded not guilty by reason of insanity.
To support his claim, the defence hired two other psychiatrists who found that Holmes is delusional and schizophrenic and cannot be held accountable for the massacre.
Two psychiatrists appointed by the court, however, testified that Holmes was mentally ill, but that the neuroscience graduate student was sane when he committed the crime.
"The district attorney will argue although the defendant is mentally ill, he is not insane under the law, and society deserves its pound of flesh from him," said former Colorado prosecutor, Bob Grant.
The prosecution announced that there were many victims and their relatives who want to attend Tuesday’s closing arguments and that they will put them in groups to give their testification.