joining me now, msnbc correspondent scott cohn. scott, the jury basically didn't have to decide if, but why essentially. if this was someone who essentially knew the difference between right and wrong could understand what he was doing. how was that case made? >> reporter: well, the case by the defense was made in sort of clinical terms, much different from the prosecution, which played to the jury's emotions throughout its case. the defense calling the psychiatrist who basically -- who literally wrote the book on schizophrenia to talk about how holmes was in the throes of mental illness that went back to a suicide attempt when he was 11 years old. despite the planning that he put into it, that too was a symptom of this mental illness, of not knowing right from wrong, and that was what was controlling him. obviously the jury didn't buy it. >> yeah, the prosecution's case rested very heavily on that planning as a means of essentially them trying to show that he knew what he was doing. what was that case like? >> reporter: well, that

scott cohn is outside the court. this is where family impact statements could play a huge role.pening so far. >> reporter: right. it's a multi-phased process. this jury the same jury that convicted james holmes last week is about to begin the first of as many as three deliberations in this penalty phase. in this first deliberation, they're looking at aggravatedinging aaggravateing factors, such as the killing of a child. this phase is likely go quickly. the jury has to come to a unanimous verdict on every phase to move to the next one and ultimately to the death penalty. next phase is mitigating factors, like mental illness. and if they move beyond that they go to victim impact. that's where we hear from families and survivors, all of whom were relieved about the guilty verdicts last week but we found they're less unanimous when it comes to the death penalty. >> he should get it. yes. i'm for the death penalty. for him. for him. yes. yes. my granddaughter is gone. he should be gone. yes. that's how i feel. >> i'm terrified. if he gets the death penalty, i can't imagine any other

msnbc's scott cohn joins me live from centennial colorado. in this phase of the process? >> reporter: well, one thing that we're seeing already, because so much is on the line james holmes' life is on the line, is a very contentious phase. the jury has only just been brought into the courtroom about two and a half hours before they were supposed to start as the attorneys went back and forth on everything from the size of the font in the slides that the prosecution intends to use to the term "every living soul in the theater" that the prosecution wants to use. the prosecution gets the font size. the judge says the large font is fine, but they'll have to change "soul" to "every living person." so the jury is just now getting instructed on this phase of the trial, the penalty phase, whether there are aggravating factors. whether holmes intended to cause the death of a child under 12. there tends to be very little dispute into aggravating factors but then we get into the mitigating factors, holmes' mental illness, whether that should be something

scott cohn on the scene there. thank you for that report. i appreciate that. i'm joined by lisa bloom, attorney and legal analyst from los angeles. my understanding of what the prosecutors were tasked with doing, an unusual challenge in a way. when somebody enters in the state of colorado, when somebody enters a not guilty by reason of insanity burden, the burden is on them to prove he is not insane. >> that's right. to prove that he is legally sane. that means that he knew the difference between right and wrong at the time of this horrific massacre. he did clearly have a mental illness. nobody disputes that. but many people have mental illnesses in america. the question is in this case and so many cases, was he able to tnlds difference between right and wrong? the prosecutors put on a very strong case. over 200 witnesses to show that he planned this. he had elaborate notebooks and he even had the bobby trapped apartments so first when responders came to his home, they would be injured. he really thought it out in elaborate detail. and he did know right from w

scott cohn nbc news aurora colorado. >> after a quick break, several rights protesters gave democratices bernie sanders and martin o'malley a hard time this past weekend at a conference martin o'malley a hard time on progressives in phoenix. we were there. join us next. e for just about anything. go you always have choice. book now at choicehotels.com [ school bell rings ] ♪ ♪ [ female announcer ] everything kids touch at school sticks with them. make sure the germs they bring home don't stick around. use clorox disinfecting products. you handle life; clorox handles the germs. >>> this morning the presidential candidacies of martin o'malley and bernie sanders are recovering from a challenging weekend at a net roots nation conference. they got heckled and booed when they talked about issues facing the black community. msa reporter jamie joins us now. i want to play a little bit and then i'll get your response. >> black lives matter white lives matter all lives matter. >> black lives of course matter and i spent 15 years of my life fighting for civil rights. if you don't want me to be he

msnbc's scott cohn is live outside the courthouse in centennial, colorado.ocess? >> reporter: well, it's fairly early on jose. and actually earlier than a lot of people would have thought at this point which speaks to how much is riding on this phase of the case. remember, there are three phases within this penalty phase. the first is aggravation. aggravating factors. and there is no dispute that there were legally aggravating factors in the murders of those 12 people in the theater three years ago. but nonetheless, the jury is taking its time considering that evidence and particularly wants to look this morning when they resume deliberations at a series of videotape, some surveillance videos from the theater but also an interview that was done by detectives with holmes almost immediately after the shootings in which he asked whether children were hurt in the incident. ands that one of the legally aggravating factors. if the jury unanimously agrees that there were aggravating factors -- and the defense doesn't contend that -- they move on that what may be th

let's go to scott cohn how does the courthouse. deliberations ahead of this full day today before they take a three-day weekend? >> reporter: right, they deliberated for a good solid eight hours yesterday. this is nine women and three men who have sat through all of this testimony for the better part of three months. some of it very emotional. some of it very graphic and they were never able to talk about it and share their opinions, at least not allowed to, until yesterday. so that is what they did. but clearly based on the notes that they were sending out at various times during the day, setting right down to business asking for things like a whiteboard setting their hours 8:15 to 4:30 mountain time every day. and then asking about the key issue in this case, which is whether james holmes was legally insane when he went into that theater almost exactly three years ago. they asked for an index of the evidence. thousands and thousands of exhibits. there is no index. so that's going to complicate their task and that there are hundre

. >> scott cohn thank you very much for being with me. >> after a quick break, the hunt for el chapon. we'll take you to the maximum security prison on the outskirts of mexico at the epicenter of the notorious druglord's escape and we'll talk with a former dea agent about the search, next. building aircraft, the likes of which the world has never seen. this is what we do. ♪ that's the value of performance. northrop grumman. ♪ ♪ ♪ you're only young once. unless you have a subaru. (announcer) the subaru xv crosstrek. symmetrical all-wheel drive plus 34 mpg. love. it's what makes a subaru a subaru. i will take beauty into my own hands. olay regenerist. it regenerates surface cells. new skin is revealed in only 5 days. without drastic measures. stunningly youthful. award-winning skin. from the world's #1. olay your best beautiful ♪ ♪ when you're living with diabetes steady is exciting. only glucerna has carbsteady clinically proven to help minimize blood sugar spikes. so you stay steady ahead. >>> and back here in mexico the frantic search for one of the world's most dangerous drug kingp

we want to go live to colorado and scott cohn outside the courthouse.with how is reaction filtering there in that community to another movie theater shooting? >> yeah thomas a lot of people just waking up to this news. nowhere does it hit closer to home. three years ago this week the massacre nearby here in aurora colorado. we got in touch with sandy philips who lost her daughter jessica, in that attack. she said in an e-mail this is horrendous. can't believe another mass shooting. will when will we become numb or say enough is enough? she wrote in a blog post about seeing the report of her daughter's autopsy and shared that in graphic detail. she said i share this detail because no mother father family should have to walk this palth of pain caused by gun violence. it's something that hits close to home with the families with the survivors. we'll see if it hits close to home with the jury. >> the reality of her releasing that information so tough for everybody to realize exactly what one parent has to go thru. now, we'll go through that again in learnin

. >> scott cohn thank you for that union date. >>> hillary clinton is weighing in on a case and we'll have her comments coming up in just a few minutes. >>> now to the continuing fallout in the bill cosby scandal. in the 2005 hearing, he said back in the '70s, he had the intention of gives convey loses to young women he wanted to have sex with. one of the most high-profile accusers spoke to the "today" show. >> after i realized i had been drugged, i just looked him in the eye and i can't say what i called him on television but i went into this tirade and i got louder and louder and calling him this name and he just decided that let me get this woman out of there. it was the survival instincts that kicked in for me. >> stephanie gosk joins me here now. good morning to you. what we're hearing over and over again from these accusers is the vindication they feel. >> yeah it does seem to be the repeated refrain. what sets this 2005 deposition apart from recent accusations against cosby is that it isn't coming from an alleged victim. this is the comedian in his own words, fueling a renewed

let's go live to colorado and scott cohn. good morning. what's next in this phase? >> jose next is the penalty phase. that begins on monday with the attorneys for both sides, monday and tuesday, and then the jury the same jury that convicted james holmes coming back on wednesday. and in many ways this really is the crux of the case because remember, at the very beginning, james holmes' attorneys offered to enter a guilty plea in exchange for the death penalty being taken off the table. the prosecution would have none of that. and that's what led to the three-month trial and the re-sounding verdict on 165 counts yesterday, guilty across the board for james holmes. an emotional courtroom yesterday. jurors were sobbing. victims' families crying throughout. and james holmes' parents emotional as well. as the verdicts were read. jose. >> what about holmes himself? did he show any emotion? >> none at all. he stood throughout the counts being read, a little over an hour. hands in his pocket looking straight ahead. his attorney is showing no emotion either. that's been kind