colorado. couple of years ago, they tried to outlaw the death penalty and lost on that issue. i see there's about six different aggravating factors that could apply to the movie massacre here that would call for the death penalty. the first is that is it an especially heinous or cruel crime? did the defendant intentionally put the lives of others at risk in addition to all the victims? the defendant killed the victims while lying in wait. i think this is this case. the murder took place as persons were being held, chemical weapons and did he intentionally kill more than one person? multiple murders in the attack. so it absolutely does qualify for the death penalty. >> the question is for the death penalty, does the jury have to rule unanimously? >> it does. and the other important thing is even if he's acquitted on not --