FACT CHECK: Brauchler Falsely Claims One Juror Blocked Holmes Verdict

(Promoted by Colorado Pols)

On a right-wing radio show Wednesday, GOP gubernatorial candidate George Brauchler again said he was one juror’s vote away from getting a death-penalty verdict against the aurora-theater shooter.

But as the prosecutor in the case, Brauchler was actually three votes away, according multiple jurors and a previous statement by Brauchler himself.

On KNUS 710-AM’s Peter Boyles show April 5, Arapahoe County District Attorney Brauchler said:

Brauchler: “Any right-minded, justice-loving person out there could see why that decision was made. I’m disappointed that there was that juror that ended up saying, ‘Look, I will never ever vote for death.’ And it sort of ended deliberations. Having said that, that’s part of the process. Yes, we have the hardest death penalty law in the country, but it’s our law. Had we gotten that vote and had we gotten death, I would have expected the state to embrace that as justice. Just because I didn’t get the answer I thought was best, I’m not going to give scandal to the system. I think that guy deserved to die. I still do. What that a just outcome? I think it was, based on the system.” (Colorado Times Recoreder emphasis)

After the trial, it was widely reported that one juror wanted life and two more were undecided, based on one anonymous juror’s account.

Yet, after the trial, Brauchler said on multiple radio shows that he was one vote away from a death verdict.

But in an interview with The Denver Post six weeks after the trail, facing a reporter who was following the details of the case, as opposed to a friendly talk-radio host, Brauchler himself acknowledged that the juror count was one for life in prison, two undecided, and nine for death.

The Post reported, “After all, [Brauchler] said, he convinced at least nine jurors of his position.” And he acknowledged to the Post that he hadn’t interviewed all the jurors.

Seven weeks later, The Post interviewed another anonymous juror who said that three jurors voted affirmatively for life in prison.

11 Community Comments, Facebook Comments

  1. Moderatus says:

    Jason just stop. It's not Brauchler's fault that a juror lied about their ability to give the death penalty, which is clearly what happened. Holmes deserves to die and everyone in Colorado knows it. This attack will not work!

    • Voyageur says:

      Moderatus, you are giving a bad name to idiots.  All jurors swear to enforce the law.  You didn't attend the trial, hear the evidence or read the instructions.  Blowing an opinion out your ass is disgusting.  I have served on a death penalty jury.  It was the most stressful five weeks of my life.  On behalf of all 12 of us, I cordially invite you to kiss our asses.   Pucker up, noodlesoup.

    • Jason Salzman says:

      Based on the record I've provided, are you saying it was just one juror who blocked the death sentence?

      The Post reported that multiple jurors confirmed one juror's account that the decision was 9-1-2. Later another anonymous juror went further, telling The Post three were for life in prison:

      "Three jurors were convinced James Holmes should not receive death, according to the juror, who has not previously discussed the decision publicly and who spoke to The Denver Post on condition that she not be identified by her name or juror number. She was among the three."

      • Conserv. Head Banger says:

        In the world of Moderatus, the Post is all about fake news.

      • Powerful Pear says:

        Live or die Holmes received justice.

        • notaskinnycook says:

          PP, that's the most sensible thing you've said in weeks. I watched that whole saga with more than casual interest. As long-time Polsters know, my nephew missed being there by a cat's whisker and one of his best friends was killed. I've discussed this case with several people in the psych field and they all agree, Holmes is crazier than peach orchard boar. He's where he belongs, in a long-term psych ward.


    • spaceman65 says:

      The life sentence saved taxpayers tens of millions.  George's decision to go death cost the taxpayers millions.  And then he tweeted from the courtroom during trial.  Fiscally irresponsible, ethically challenged.  Just say no to Georgie Boy


  2. ZMulls says:

    Brauchler is a prevaricator extraordinaire. Also an uber-conservative who will likely have trouble carrying moderate areas of the state. If he makes it past the primary, Perlmutter awaits–and that ain't good for Brauchler.

    • Voyageur says:

      Actually, I think Brauchler is a decent man, maybe too much so for the Republican party of today.  Obviouusly, I'd vote for Kennedy or  Perlmutter over him in a general but he's no Tancredo or Maes whackjob.

  3. gertie97 says:

    Republicans do not care about facts.

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