Death penalty a lengthy process, attorneys say
Prosecutors are considering pursuing a death penalty case against James Holmes, a decision that 4th Judicial District Attorney Dan May said is not easily made or executed.
“This is probably the most weighted decision any district attorney can make in their careers, so it is one to be careful and cautious with,” said May.
In order to seek capital punishment in Colorado, a prosecutor has to have more than just a first degree murder charge, said May.
“If somebody plans a murder, plans it maliciously, gets weapons and carriers the murder out, it is not ground to seek death penalty,” said May.
According to the Death Penalty Information Center, there must be one of 17 aggravating factors to seek capital punishments:
Colorado-(1) The murder was especially heinous, atrocious, cruel, or depraved (or involved torture)
(2) The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense
(3) The defendant killed the victim while lying in wait
(4) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
(5) The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value
(6) The murder was committed to avoid or prevent arrest, to effect an escape, or to conceal the commission of a crime
(7) The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony
(8) The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment
(9) The victim was a government employee, including peace officers, police officers, federal agents, firefighters, judges, jurors, defense attorneys, and prosecutors, in the course of his or her duties
(10) The victim was an elected or appointed official or former official of the federal government, or local or state government, and the killing intentionally prevented the victim’s official duties
(11) The murder was committed against a person held as a shield, as a hostage, or for ransom
(12) The defendant used chemical, biological, or radiological weapons and/or the person intentionally killed more than one person in one criminal episode
(13) The victim was a pregnant woman and the defendant intentionally killed the victim, knowing she was pregnant
(14) The defendant committed treason
(15) The defendant’s possession of the weapon used to commit the class 1 felony constituted a felony offense under the laws of the state
(16)The defendant intentionally killed more than one person in more than one criminal episode
(17) The defendant committed the class 1 felony against the victim because of the victim’s race, color, ancestry, religion or national origin
The timeline for seeking the death penalty starts at arraignment. Prosecutors have 45 days to make a decision on whether or not to seek the death penalty, said May.
If prosecutors decide to pursue the sentence, May said the case may not go to trial for at least three years.
“You get a lot more motions, a lot more delays, a lot more hearings,” he said.
Even after trial, May said it can take 10 to 15 years before a sentence is carried out.
Public defender Josh Tolini said the death penalty is a defense lawyer’s worst fear.
“There is no way to describe the panic inside you when you think the person’s life is in your hands,” he said.
Tolini said the process of seeking capital punishment takes an emotional toll on the entire defense team, victim’s families and prosecution. Not to mention the cost.
“Incredible expensive. I mean you’re talking cases that generally go into the millions of dollars,” said Tolini.
District Attorney Carol Chamber is term-limited, which means there will be a new district attorney taking over the case against Holmes Jan. 1.
There are currently only three people on Colorado’s death row, and two of them were put there by Chambers and her team. The last execution took place in 1997.
