James Holmes Trial Update: Prosecution Hesitant to Accept Plea Deal

James E. Homles, the man who's accused of murdering 12 people in an Aurora, Colorado movie theater, has filed a plea of guilty, according to the Los Angeles Times.

The defense has offered life in prison, as long as the prosecution does not offer the death penalty.

According to a court document, Holmes’ defense team made public Wednesday they had presented the deal several weeks ago. If accepted, Holmes would face life in prison without parole, instead of execution. The district attorney’s office has not accepted the plea.

A decision on the death penalty is expected to come down on Monday from George Brauchler, district attorney for Colorado’s 18^th Judicial District.

"It appears the only impediment to a resolution of this case would be if the prosecution chooses to seek the death penalty," Holmes' lawyers said in the motion according to the The Denver Post. The court document can be viewed here.

If the deal is not taken by the prosecution, many assume Holmes’ defense team will use an insanity plea. If they do and he is found to be insane, Holmes cannot be subject to the death penalty.

The fact that the defense’s proposal of a deal was made public is highly unusual. According to Rick Kornfield, a former federal prosecutor, usually any deals between the two sides are not made public until they're finalized.

The offer from the defense was publicized in a court scheduling document. A couple weeks ago, Chief Judge William Sylvester entered a not guilty plea for Holmes. The defense had not entered any plea at the time and the judge was growing impatient.

Dave Hoover the uncle of one of Holmes murder victims, 18-year old A.J. Boik, said he's torn between what he deems justice and wanting put the trial behind him.

"I loved my nephew dearly and we miss him every single day," he said. "I'm in favor of the death penalty and I'd like to see it in this case, but I'm not in favor of dragging this thing out. If it was over today, it would alleviate a lot of the pain and suffering."

The prosecution is expected to make a decision by Monday.