CENTENNIAL | Three jurors in the Aurora theater shooting trial were told Tuesday to return for the group questioning phase, bringing the total through eight days of individual questioning to 34.

The jurors retained included one man whom the defense wanted dismissed because they said he was biased in favor of the death penalty.

The man, a middle-aged white man in a wheelchair, said he believed in “an eye for an eye” and said in a particularly heinous case, he would have trouble opting for a life sentence.

Public defender Katherine Spengler, one of the lawyers for accused gunman James Holmes, said the man had a “presumption” of a death sentence, which makes him an unfair juror.

Prosecutors and Judge Carlos Samour Jr. disagreed. Samour said the man proved during follow-up questioning that he could put aside his feelings on the death penalty and make a fair decision.

“I think he can be fair and impartial. I think he will be fair and impartial,” Samour said.

Another juror who was retained previously worked as a volunteer victim advocate for Aurora police but said she could set aside her feelings about crime victims and be an impartial juror.

Even if she heard from victims and their families, the woman said she could judge Holmes fairly.

“At the end of the day, Mr. Holmes is still someone’s family member, still someone’s loved one,” she said.

A man, who said he worked at a gas station and was a former drill sergeant at the end of Vietnam, was retained after he said the death penalty was warranted in some cases, but only after careful deliberation.

The prosecution and defense have largely agreed about the jurors who have been dismissed or retained for the next phase so far, but in a few cases like Tuesday’s they have sparred.

Among the jurors released Tuesday were a man who now lives in Weld County and by law can’t serve on a jury in Arapahoe County, a woman getting married in the middle of the trial, and a woman who said jury service would be a financial hardship. Three jurors in the morning were excused because they said they couldn’t sentence Holmes to death.

Including the initial phase of jury selection that started in January, the trial has lasted 23 days so far. Opening statements were expected to start in May or June, but with jury selection moving quicker than planned, Samour has said the trial could start in April or May.

The defense has asked for a delay several times but Samour has rejected their requests.

Holmes sat quietly at the defense table Tuesday wearing a blue button-up shirt.

Court is in recess until Wednesday morning.

Staff Writer Aaron Cole contributed to this report.