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Colorado Judge Questions Application of State's New Death Penalty Law

A judge presiding over a volatile death penalty case in Colorado sharply questioned Monday whether a triple murderer can receive a fair sentence if a new jury is convened to decide whether he gets life or death.
When Paul Wolff, a first assistant attorney general for Colorado, told Arapahoe District Judge Robert Russell that such a jury would benefit Randy Canister, Russell challenged Wolff.

"That's a benefit?" Russell asked. "I don't think this judge is satisfied that your definition of benefit is within the commonly understood definition of benefit."

At issue is a new Colorado death penalty law the legislature passed after the U.S. Supreme Court ruled in June that juries, not judges, are the only ones who can impose the death penalty.

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