UPDATE: Judge in Colorado theater shooting trial dismisses 3rd juror

Three jurors in the Colorado theater shooting trial have now been dismissed amid concern that they violated orders not to talk about news reports about the case.

Judge Carlos A. Samour Jr. on Tuesday first dismissed two jurors, including a woman who says her husband called her and told her about a tweet about the case from the district attorney

The judge then decided to dismiss a third juror who might have heard discussion about news reports on the case.

The issue came to light earlier Tuesday when a fourth juror told Samour that she heard a juror talking about the trial on two previous occasions.

A total of 24 jurors and alternates were seated in the case. None of them will know if they’ll be among the 12 to decide the case until deliberations are about to begin.

Caleb Medley’s dad, Otis Medley, called the jurors’ actions “foolish.” Caleb Medley was shot in the face during the shooting and suffered a severe brain injury. Otis Medley said this trial has been emotionally draining on the family and he is frustrated that jurors’ actions could jeopardize it.

Retired Judge Victor Reyes said the judge took the appropriate steps in James Holmes’ case to preserve the integrity of the process. He said by removing the three jurors, it eliminates the possibility of the defense using the incident as an opportunity to declare a mistrial.

Reyes said the prosecution, defense and the judge must be able to trust the juror. He said situations like this erode trust.

“If someone cannot follow simple instructions not to discuss the case, if they cannot follow instructions at this point in the trial, who is to say they will follow these instructions at the conclusion of the case?” said Reyes.

Jury deliberation is expected to start at the end of July.