The Maricopa County Attorney said he’s bound by state law to seek death sentences even though Arizona can't carry out executions.
A decision whether to pursue the death penalty comes down to evidence, the type of crime and the surrounding circumstances, said Maricopa County Attorney Bill Montgomery.
There’s a federal lawsuit challenging Arizona’s execution protocol, but Montgomery said his prosecutors cannot consider it.
“Because it would be unjust to a victim today to say, ‘Well gosh, it looks very unlikely that that sentence might be carried out, so we’re just not going to seek it,’” Montgomery said. “And then next week, have a favorable court ruling and then change our approach on the basis of that.”
Montgomery’s office currently has 65 death penalty cases, according to spokesperson Rebecca Wilder.
The state of Arizona has argued the federal case is moot because it can’t get death penalty drugs, and has removed midazolam from the execution protocol. The judge has given the state until July 29to file a motion supporting that claim.
