Death penalty choice looms in theater shooting case

James Holmes FOX21 News file photo

Prosecutors are asking victims of the Aurora shootings whether they should seek the death penalty in the case.

That decision comes as Colorado’s legislature debates whether to repeal the death penalty.

Capital punishment is rarely used in Colorado. The state has just three people on death row and has only executed one person since 1967. Advocates of repeal think they have the votes in the legislature to ban the practice.

Most legal analysts expect prosecutors to seek the death penalty against James Holmes, who is charged with the Aurora shootings. They are expected to announce their decision by April 1.

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