alicia acuna live in centennial colorado where the trial took place. alicia?: hi, jon, yes, the sentencing phase is scheduled to begin next wednesday. under colorado law punishment is determined by mini-trial of sorts the same jury that convicted james holmes will determine if he should be executed and as emotional as gut-wrenching as the past three months were with testimony, the next three to four weeks could be even tougher as the defense tries to save their client's life and victims testify. some of the three men and nine woman were in tears as the judge read the 65-page verdict -- 658-page verdict form. took him one hour. james holmes stood with his attorneys entire time. the first time the judge said guilty, there was audible gasp and family members began sobbing and hugging and holding hands. afterwards they came to the mic. >> this isn't about a thing who indiscrimminantly kills. if you look at it would kill again if it was let out. thank god the jury saw that take a picture where he looks now fat and stupid and in jail rest of his life and possibly go

alicia acuna live outside the courthouse in centennial, colorado. alicia? >> reporter: hi, jon., james holmes' defense team has said it could wrap up the mitigation phase in the next day or two which means some of their most critical witnesses will likely take the stand soon including the likely possibility the theater shooter's mother will be on the stand. the defense team told the judge that arlene holmes wanted to testify during victim impact, but that was denied the judge telling them, she is not a victim here. remember she wrote a book about the case, and his parents also gave a newspaper interview in an apparent effort to spare their son the death penalty. we expect a full day of witnesses who will continue to testify about the character of who james holmes was growing up. long before he walked into a midnight showing of a batman movie in aurora and began shooting. twelve people were killed that night and 70 were injured, some permanently. according to a new quinnipiac poll of colorado residents 63 percent say they believe holmes should get the death penalty, 32% say they

fox news's alicia acuna joining us from outside of the courthouse in centennial, colorado. alicia. >> reporter: david, yes, took the jury 12 1/2 hours between yesterday and today to reach a verdict. now you have to know that this is something that is going to take quite some time for judge carlos to read this verdict because the verdict form is 658 pages. there are 165 counts that have been charged against homes homes. 24 for first-degree murder. two counts for each people killed and 70 people injured. two counts for each of those. in addition to that there was explosive charge as well. we will hear the verdict at 6:15 eastern time. the families of the victims and some of the victims themselves, some injured who had to testify themselves against james holmes are now gathering at the courthouse. we have a producer who is in the courthouse here at the arapahoe county courthouse in centennial, colorado. she sees the family members in the lobby. they're waiting to enter the courtroom. when that happens they look very serious and very nervous. david: alicia acuna thank you very m

bill: alicia acuna is live in the courthouse today.tears during some testimony so far through this trial and difficult stuff. how did the jurors react to the sister's testimony? >> reporter: very interesting, bill because there was no apparent reaction or visible emotion from any of the jurors. according to our fox news courtroom producer who has been sitting feet away from james holmes, his family and the jury. james holmes and his sister chris appeared to share a smile as she identified him as her older sibling. she brought family photos of holidays, school graduations and such all including the man who would eventually kill 12 people in movie theater. she explained how upon hearing of killings removed photo of herself with her brother from the collage of the wall. she thought the fbi would come to take all of her things away to do with james. >> i wasn't sure if the fbi or whoever was in my home at the time was going to take everything from my house. so i wanted one thing left. i just wanted one picture. >> after it all do you still

alicia acuna live outside of the courthouse today as the mother putting responsibility on whom? ia? >> reporter: it is tough to say, isn't it, bill. the jury will have to decide this. as you saw arlene holmes became very emotional when she was asked what she thought the school psychiatrist could have done to help. dr. lynn fenton was told by james holmes that he was having thoughts of killing people but she was walking the edge of the law by even reaching out to them in the first place to say their son had quit school. by then holmes had fired her. >> would you have been out here the next day? >> i would have been crawling on all fours to get to him. he has never said that he wanted to kill people. she didn't, she didn't, she didn't tell me. she didn't tell me. she didn't tell me. >> reporter: arlene holmes showed multiple family videos of james as a child according to our producer in the courtroom. a few members of the jury were in tears during part of her testimony. holmes's father also testified in an attempt to save his son from the death penalty. we noticed this moment durin

alicia acuna is live outside of the courthouse with more. alicia? >> reporter: hi, jenna.orneys on both sides are saying this morning we're expecting to hear from james holmes parents. they are expected to take the stand sometime bob and arlene holmes will do what they can to on vince the jury not to condemn their son to death. if the jury can not agree and is unable to come to unanimous conclusion, holmes will receive a sentence of life in prison without parole. holmes younger sister chris took the stand yesterday. through tears she told the courtroom once she got word of the shooting she grabbed a photo of herself with her brother when they were younger because she thought authorities would take everything that had to do with him away. >> i wanted one thing. i just wanted one picture of us. >> after all do you still love your brother? >> yes. >> and do you still love him? >> i still love him. >> reporter: the 22-year-old chris holmes spoke of a up blipping by their parents who she said they were very lucky to have. she saw a dramatic difference in her brother's personali

but, first we go to fox news correspondent alicia acuna. >> as you were starting to read about the james holmes case the judge finished reading the verdict. 658 page verdict for the conviction of james holmes. it took him exactly one hours james holmes stood there with his defense team listening to the conviction of first degree murder after deliberation first degree murder with extreme indifference. that's for each of the 12 people killed. and then there were 70 people injured as you know. there were two counts, very similar to the ones i just said for the people who were injured, also. and then there was one extra count for possession of explosives or incendiary devices. that goes to the booby trapped apartment that he had set up as a conversation for the police when diverse for police when he went into that theater and started shooting. there were 400 people in that theater that day. the district attorney says he could have charged him with attempted murder for every single person in there. but he didn't because the trial would have kept going and going. greta? >> alicia, family membe

alicia acuna has been on the story from the very beginning and she joins us now from the county courthousel colorado. a leash sharks the opening day did not go really as attorneys on both sides planned, did it? >> reporter: that's right martha. the jury surprised almost everyone by not immediately deciding whether or not james holmes was eligible for the death penalty. this is before they even get to deliberating life or death. under colorado law, capital punishment is decided by a jury which hands down three different verdicts before we even get to a conclusion. the three phrases sentencing are aggravation where prosecutors prove holmes should be put to death. mitigation, when defense experts, family and friends attempt to sway the jury to spare him, finally victim impact where holmes and the jury hear from the lovered ones from those killed. both expect the jury to come to quick could anclusion that holmes met one aggravating to factors but they went home without a verdict at that point. they must prove the intent to kill child under age of 12. the defense said holmes never specifically