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The decision on whether to seek the death penalty will be up to the new district attorney for Arapahoe County, George Brauchler, who was elected in November and takes office Tuesday, after the preliminary hearing begins. Brauchler has not indicated what he will do.
A spokeswoman for outgoing District Attorney Carol Chambers, who oversaw the filing of charges against Holmes, declined to comment.
If prosecutors do not seek the death penalty, and if Holmes is convicted of or pleads guilty to first-degree murder charges, he would face a mandatory sentence of life without parole.
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