Prosecution Seeks Death Penalty For James Holmes; 'Justice Is Death'

The prosecution in the trial of James Holmes, the man accused of the massacre at a movie theater in Aurora Colorado, turned down a plea deal Holmes' defense team offered, according to NBC News.

The prosecution said Monday that they will pursue the death penalty.

"It's my determination and my intention that in this case, for James Eagan Holmes, justice is death," said Arapahoe District Attorney George Brauchler.

He said the decision was made after sitting down with over 800 victims and family members.

Holmes is on trial for opening fire in an Aurora movie theater during a showing of the "Dark Knight" last summer. William Sylvester, a Colorado circuit court judge, entered a "not guilty" plea for Holmes since his lawyers delayed in coming up with a plea.

The case was then passed down to Judge Carlos Samour. Sylvesters decision granted the defense the opportunity to create a case for insanity.

Bauchler isn't buying the insanity plea from the defense.

"The defendant knows he is guilty, the defense attorneys know he is guilty and that both of them know that he was not criminally insane," he said.

In a Denver Post op-ed piece Brauchler, who never actually mentions the defendant, explained why he thinks the death penalty is "a tool of justice":

If Colorado were to repeal the death penalty, first-degree murder would become the only crime for which no distinction is made for the number of murders committed, the aggravated nature of the murder, whether the victim is a child or an at-risk adult, or even whether a previously convicted murderer kills yet again. Repealing the death penalty would result in acts similar to those in Newtown, Conn., or the acts of Tim McVeigh being punished no differently than a single murder of one gang member by another. Each murder after the first would be a freebie. This is not justice.

Monday's hearing was set for 11 am EDT. Even thought the prosecution has made it clear what they think is justice, according to legal experts, the two sides could still technically agree on a deal.