James Holmes

Accused Aurora, Colorado movie theater shooter James Holmes will face the death penalty, and he'll do it in front of a new Judge, with his trial beginning February 3rd.  Those announcements coming on Monday-- first, from the prosecutors; then from District Judge William Blair Sylvester, who appointed Carlos Samour to replace him on the bench, citing the time conflict with his position as chief judge in the district.

FOX News Radio's Jessica Rosenthal has more on the death penalty announcement:

The Arapahoe County D.A. George Brauchler said for James Eagan Holmes, justice is death.  He said his office reached out to 800 people affected by the shooting, and that he personally talked to 60 people before making a decision.

Nearly 60 people were injured in the shooting and 12 were killed.  Last week, Holmes offered to plead guilty if the death penalty was taken off the table, but prosecutors angrily rejected that - calling it a publicity stunt - saying the defense had not provided critical information in order for them to even consider such a plea.

Jessica Rosenthal, FOX News Radio.