Colo prosecutors make case for death penalty

AP News
Posted: Apr 19, 2013 8:09 PM

DENVER (AP) — Prosecutors in the deadly Colorado theater shootings say that if suspect James Holmes is convicted, they will argue he should be executed because one of the victims was a child and because the attack was an ambush.

Prosecutors filed a court document on Friday listing aggravating factors they plan to raise in a possible death penalty phase of the trial if the jury convicts Holmes of murder and attempted murder.

Holmes is charged with killing 12 people and injuring 70 in the July 20 shootings. Prosecutors announced three weeks ago they would seek the death penalty.

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Also Friday, Holmes' lawyers again suggested they might challenge the constitutionality of state laws on the death penalty and insanity pleas. They say overlapping elements of the laws could violate the Constitution.