As we learned in the Frazee case, the DA has something like 90 days after the plea in which to seek the death penalty.
It doesn’t matter, as it holds no leverage, because it hasn’t been utilized in over 2 decades.
No person on death row will ever be executed in Colorado.
BBM:
To quote the late, great philosopher, Yogi Berra, "It's deja vu all over again."
We argued this very point extensively on the Kelsey thread.
I understand the argument you outlined above, and I respect it.
I respect it, and I respectfully disagree with it.
Psychologically, there's a world of difference between being sentenced to death and being sentenced to life.
There's a powerful psychological impact to being sentenced to death, even if it's never carried out.
It's like people who have been given a potentially terminal medical diagnosis.
People who've been given a life-threatening dx have to live with a lot of ambiguity, and it's torturous.
Ask them what it's like.
They'll tell you living under the constant cloud of a dubious fate is awful.
People suffering from serious illnesses don't deserve to experience that kind of psychologically painful uncertainty.
Convicted killers, however, certainly
do deserve that kind of mentally torturous ambiguity.
The proverbial Sword of Damocles is continually dangling over the convicted person's head.
It could drop at any time...or it may never drop.
The condemned person has no control over their fate.
Imagine how awful that would be, not knowing whether your sentence would or would not in fact be carried out.
Living w/ that kind of potential threat of annihilation is absolute hell for most people.
That's just the kind of hell on earth TS deserves to be living in for the rest of her miserable life.
For that reason, I'm all in favor of Dan going for the DP in TS's case, just as I was in PF's case.
I agree that there's virtually no chance that Dan will pursue the dp in this case, for a host of reasons.
I'm just saying in my mind, there's a really, really strong case to be made for it.
I won't concede that the death penalty is a moot point in CO until 07/01/20.
JMO.