( CNN ) -- Since the death penalty was reinstated in Colorado more than 35 years ago , the state has executed just one person . Now comes the case of James Holmes , who faces 166 counts of murder and attempted murder for a shooting at an Aurora movie theater that left 12 people dead and 58 wounded . If there ever was a poster boy for capital punishment , legal analysts say , the 25-year-old Holmes would fit the bill . On Monday , Arapahoe County District Attorney George Brauchler said he will seek the death penalty in the case despite a defense request to take capital punishment off the table if Holmes pleaded guilty . Deciding whether to pursue the death penalty was a delicate balancing act for the state , said CNN legal contributor Paul Callan . Any time someone is sentenced to death , the sentence is n't carried out right away . Usually the appeals process takes 10 years to wind its way through the courts , he said . In addition , more and more states are abolishing the death penalty . Currently , 33 states have the legal option of imposing the death penalty , while 17 plus the District of Columbia do not . `` The prosecutor is walking a tight rope , '' Callan told CNN last week . Some people would be furious if Holmes received life in prison after such a brutal crime , Callan said . But even if Holmes is sentenced to death , there are no guarantees . `` He is looking at ... the realistic view of the world , '' Callan said , `` which is , even if I get the death penalty , it will probably never be imposed . '' Complicated decision for prosecution . The death penalty was reinstated in Colorado in 1976 . In that time , the state carried out one execution -- in 1997 . Right now , three people sit on Colorado 's death row . Prosecutors had a lot to consider in determining whether Holmes , if convicted , should join them . `` The voters enacted the death penalty in Colorado . This case is the poster boy for that , '' Callan said . Holmes ' attorneys have said they intend to pursue an insanity defense . And that , said David Beller , a defense attorney not associated with the case , can make the prosecution 's decision to seek the death penalty more complicated . `` The Supreme Court , and really society , has been very clear : We do n't kill , we do n't execute people who are mentally ill. We just do n't do it , '' he said . In deciding to seek the death penalty , prosecutors also had to weigh the impact on the families of the victims since the case could go on for a year , with a string of appeals likely . Prosecutors blast defense . Monday 's hearing came less than a week after Holmes ' defense team filed documents saying Holmes had offered to plead guilty and spend the rest of his life in jail . Colorado theater shooting suspect offers to plead guilty . Prosecutors took the defense to task for publicly offering it , saying they were n't given enough information to even consider such a deal . `` Not only improper , but grossly improper , '' prosecutors said in a Thursday court filing . `` For the intended purpose of generating predictable publicity '' Attorneys on both sides are under a gag order , leaving case watchers to divine tactics from court documents . `` Prior to arraignment , Mr. Holmes made an offer to the prosecution to resolve this case by pleading guilty and spending the rest of his life in prison , without any opportunity for parole , '' the documents filed by the defense team read . Last month , a judge entered a standard plea of not guilty for Holmes , who is accused in the July 20 shooting . In the documents filed Wednesday , his attorneys said they are still exploring a mental health defense , `` and counsel will vigorously present and argue any and all appropriate defenses at a trial or sentencing proceeding , as necessary . '' Holmes ' lawyers blast Colorado 's insanity defense laws . The case against Holmes . Federal agents have said the former University of Colorado doctoral student planned the attack for months . He began buying guns last May , allegedly building an arsenal of two Glock handguns , an AR-15 rifle , a shotgun and 6,295 rounds of ammunition . Authorities say Holmes booby-trapped his apartment with explosives , then traveled to the movie theater armed with the weapons , tear gas and body armor planning to kill audience members during a screening of `` The Dark Knight Rises . '' Witnesses who spoke to CNN said the gunman roamed the theater , shooting randomly as people tried to scramble away or cowered between seats . `` This is not a 'whodunit . ' Everybody knows that James Holmes committed these horrible murders . The question is what punishment he will get , '' said CNN senior legal analyst Jeffrey Toobin . `` If they ( defense attorneys ) can get life in prison , they will consider this a victory . '' Holmes ' trial date has been set for February 3 . 'Truth serum ' wo n't reveal mind of James Holmes . CNN 's Jim Spellman and Catherine E. Shoichet contributed to this report .
NEW : James Holmes ' trial date has been set for February 3 . Prosecutors say they will seek the death penalty in the case . Comment: Colorado has only executed one person since 1976 .