Update: Slain Colo. prison guard's dad fights to testify

By: Associated Press Email
By: Associated Press Email

CASTLE ROCK, Colo. (AP) -- CASTLE ROCK, Colo. (AP) -- The father of a prison guard killed over a decade ago says he sees hope and conversion in the inmate accused of killing his son and doesn't want him executed.

Bob Autobee, who has protested against the death penalty outside the courthouse during jury selection in the trial of Edward Montour, spoke Thursday in Castle Rock during a hearing over whether he'll be able to make such comments in court if Montour is convicted.

District Attorney George Brauchler is pursuing the death penalty, and says the law bars victims from testifying about their opinion on the death penalty because it would interfere with the jury's job.

The only related U.S. Supreme Court ruling found only that victims couldn't testify in favor of the death penalty.

The judge will rule later.

Updated at 2:38 PM
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Relatives of a prison guard killed by an inmate over a decade ago are fighting for the chance to testify about their opposition to the death penalty.

Lawyers for Eric Autobee's family are scheduled to make their case to a judge in Castle Rock Thursday. District Attorney George Brauchler plans to seek the death penalty for Edward Montour if he's convicted.

Autobee's family argues they have a right to testify during the penalty phase about how executing Montour would affect them. Brauchler says the law bars victims from testifying about their opinion on the death penalty because it would interfere with the jury's job of determining a sentence.

Autobee's father has protested against the death penalty and Brauchler outside the courthouse during jury selection. He says he forgives his son's killer.


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