^^rsbm
I'm sorry if my choice of a Colorado murderer (Watts vs Frazee) clouded the points of discussion (i.e., federal prosecution of BM and his defense negotiating away the federal death penalty).
For discussion purposes, my example of how not even Watts's Colorado headlines served to provoke a reconsideration of Colorado penalty options, probably should have been Frazee.
No reason to go to trial?
To be clear, death was never, ever, a penalty option for Watts, and with Watts accepting five life terms without parole, there was no need to go to trial. Also, given that DA Rourke knew far in advance that the death penalty was a no-go for the family, there was no need to go to trial.
The family of Shanann Watts told Weld County District Attorney Michael Rourke they did not want to pursue the death penalty against Christopher Watts.
“They were very strongly favor of a resolution in this case short of the death penalty. That to me, was the most important consideration,” Rourke stated. “You do what the victims’ family wants you to do in this case.”
DA Rourke blames the governor?
I disagree with OP's interpretation of the DA blaming the governor when Watts was sentenced to 5 life terms.
I disagree for a couple of reasons:
First and foremost, the death penalty was never on the table for Watts. Death was non-negotiable with the victim's family.
And second, it's deja vu DA Stanley's presser!
In response to a question about the death penalty, Rourke made a statement about how even if the jury decides the penalty of death,
the decision may not be final. Specific to the Governor, Rourke referenced the example of 1996 convicted killer Nathan Dunlap, and how about 20 days after his 2013 execution was announced, the then
Governor signed a temporary reprieve for Dunlap that stayed his execution. (Supreme Court had previously affirmed his sentence).
ETA: In 2020, when the state repealed the death penalty, Dunlap’s sentence was commuted to life in prison without the possibility of parole.
I was not familiar with the Dunlap case but just reading the Supreme Court brief about the killer lying in wait (hiding in the bathroom), deliberately executing four of his young co-workers at Chuck E. Cheese, it's horrific. Rourke harboring emotions for the victim's families and prosecutors here is understandable.
OK, I'm done with any ideas of federal prosecution here -- it's not happening.
FindLaw's Supreme Court of Colorado case and opinions.
This Week in History: Colorado Repeals the Death Penalty, Commutes Sentences of Nathan Dunlap Plus Others - Law Week Colorado