I agree that the death penalty is rarely pursued and even more rarely implemented - not only by the Federal government but also by state governments. If you proposed that U.S. Attorneys appointed by the current administration are unlikely to seek the death penalty, I would also agree with that proposition.
Query also, whether an administration led by sexually abusive men who are contemptuous of women in general and uppity women in particular would want to convict and kill one of their own.
I do not suggest that I suggest that the Federal death penalty is likely to be imposed; rather, that SM's murder is clearly an unusual case that may, under existing guidelines, justify pursuit of this penalty.
Regarding the Watts case, my recollection is that Weld County DA Rourke decided to enter a plea bargain, with the support of the Rzucek family. This is a common outcome when the defendant is white.
Rourke then sought to blame the Governor's opposition to the death penalty for his decision, finding it necessary to reassure his base that he hadn't gone soft on crime.
The state's decision to abolish the death penalty was not influenced by any particular case, because it was based on the demonstrable facts that:
(1) it does no more to deter murder that a sentence of life without the possibility of parole;
(2) it kills people who are innocent, in significant numbers;
(3) it is used and applied disproportionately (grossly so) against Black defendants;
(4) it is used unethically by prosecutors to induce guilty pleas in doubtful cases;
(5) it is immensely costly and never swift; and
(5) killing people to prevent killing people meets neither the standard of morality nor the standard of reason.
I confess that I am ambivalent about the death penalty. I understand the principles and realities behind Colorado's decision, but I am with Count
Claus Von Stauffenberg - - to the limited extent that there are some people who simply must die, for the good of the people.
Regarding the appointment of a special prosecutor, this decision would appear to be for the courts of the 11th JD, with or without the DA's support. I'm interested in your expanded analysis of this issue, in term of likelihood.
It is governed by (BBM):
Colorado Revised Statutes § 20-1-107.
Disqualification--court to appoint prosecutor--legislative declaration
(1) ...The general assembly finds and declares that this section is necessary to protect the independence of persons duly elected to the office of district attorney.
(2)
A district attorney may only be disqualified in a particular case at the request of the district attorney or upon a showing that the district attorney has a personal or financial interest or finds special circumstances that would render it unlikely that the defendant would receive a fair trial. A motion to disqualify a district attorney shall be served upon the district attorney at least two weeks before the motion is heard. Such motion shall contain at least a statement of the facts setting forth the grounds for the claimed disqualification and the legal authorities relied upon by the movant and shall be supported by affidavits of witnesses who are competent to testify to the facts set forth in the affidavit. The district attorney may file a response in opposition to the motion and may appear at any hearing held on the motion. The judge shall review the pleadings and determine whether an evidentiary hearing is necessary. The motion shall not be granted unless requested by the district attorney or unless the court finds that the district attorney has a personal or financial interest or special circumstances exist that would render it unlikely that the defendant would receive a fair trial. The order disqualifying the district attorney shall be stayed pending any appeal authorized by this section. If the motion is brought at or before the preliminary hearing, it may not be renewed at the trial court on the basis of facts that were raised or could have been raised at the time of the original motion.
...
(4) If the district attorney is disqualified in any case which it is his or her duty to prosecute or defend, the court having criminal jurisdiction may appoint a special prosecutor to prosecute or defend the cause. The judge shall appoint the special prosecutor from among the full-time district attorneys, assistant district attorneys, or deputy district attorneys who serve in judicial districts other than where the appointment is made; except that, upon the written approval of the chief justice of the supreme court, the judge may appoint any disinterested private attorney who is licensed to practice law in the state of Colorado to serve as the special prosecutor..."
IMO, your assessment of the likelihood that the DA would consent to the appointment of a special prosecutor (who would be paid from 11th district funds) would advance our understanding of this issue.