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Most people agree the death penalty is more than appropriate for the perpetrator of the Batman movie theatre killings in Colorado, but the District Attorney has yet to decide what to do and the use of the death penalty in Colorado is rare.

Most people agree the death penalty is more than appropriate for the perpetrator of the Batman movie theatre killings in Colorado, but the District Attorney has yet to decide what to do and the use of the death penalty in Colorado is rare.

District Attorney Carol Chambers said the decision as to what to do so far as seeking the death penalty against James Holmes, who is due back in Court Monday, would be made after consultations with the victims’ families.

However the rare use of the death penalty in Colorado, which currently has three people on death row, could mitigate against the ultimate penalty should Holmes be convicted.

The WSJ Law Blog reports:

In Colorado, there has been one execution, that of Gary Lee Davis, since capital punishment was reinstated in 1976, according to the website of the Colorado Department of Corrections.

On October 13, 1997, the 53-year-old Mr. Davis was the state’s first execution in 30 years, the state said. He was also the first and only inmate to be executed by lethal injection in the state.

There are currently three other people on death row in Colorado, according to the state.

One is Nathan Dunlap, who was sentenced to death after killing four people at a Chuck E. Cheese restaurant, according to information from the Death Penalty Information Center, which tracks data on executions and state policies. Another is Sir Mario Owens, convicted in the murder of a young couple. The third is Robert Ray, who ordered the murders committed by Mr. Owens.

Before executions were temporarily halted in 1972, there were 77 executions in the state between 1890 and 1967, the state says. The first person to be executed was convicted murderer Noverto Griego in 1890.

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