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4th Juror In Theater Shooting Trial Dismissed, Family Member Shot During Robbery

CENTENNIAL, Colo. (CBS4) - The judge on Monday removed a fourth juror in the Aurora theater shooting trial.

Last week three jurors were kicked off for possibly hearing or overhearing information outside of the courtroom. This time was very different but Judge Carlos A. Samour Jr. wasn't in the mood for taking any chances.

"I'm not willing to risk allowing a juror that I'm not completely confident can be fair and impartial make any decisions in this case, so she will be dismissed," Samour said.

LIVE VIDEO: Watch The Trial Live At CBS4's Theater Shooting Trial Special Section

The juror had claimed a family member had been in an accident. The next day she explained it was her brother-in-law who was actually shot during a robbery at an ATM. The defense wanted her gone and the judge confronted the juror.

"You weren't completely forthcoming with me the first day. The second day you told me that this was a shooting. The first day you said it was an accident," the judge said to the juror.

"Yeah, my family said it was just it was a major accident and that he was in the hospital. That's all they told me. And I didn't find out until that night," the juror responded.

"Alright, thank you very much for your service, I appreciate that," Samour said.

The remaining 20 jurors continued hearing the case. Among the victims taking the stand was Pierce O'Farrell, who was with a friend when shot multiple times.

Pierce O'Farrell
Pierce O'Farrell on the stand on Monday (credit: CBS)

"I remember round after round after round firing and I really thought that I was going to die," O'Farrell said.

He said he was on the floor praying.

The attack on the theater came nearly four months after James Holmes sent disturbing words in e-messages to his former girlfriend. She wrote, "What is so evil that you want to do?" "Kill people of course," was Holmes' reply. He added, "That's why I live in the future."

HOLMES TRIAL 6PKG.transf2er
(credit: CBS)

The future took him to purchase guns. The jury was shown that on security camera videos from different stores.

Tuesday is expected to bring a very important witness -- Dr. Lynne Fenton, Holmes' psychiatrist the University of Colorado Medical Center who prescribed him drugs for anxiety and depression.

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