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But prosecutors had already decided against seeking execution.
In the past, former federal prosecutors say, questions about the credibility of a central witness have often been considered reasons against seeking execution.
But Mr. Kelly said that the letter was not a formal rejection of Ms. DeAngelis's assertion that she was seeking execution and that the status of the case was now remarkably murky.
With prosecutors in Texas and other states now saying they will stop seeking execution dates, that moratorium is likely to last at least until the court issues a ruling on another death penalty case, Baze v. Rees, probably in June.
According to a report released by the ACLU, California taxpayers pay at least $117 million annually at the post-conviction level seeking execution of those on death row, translating to $175,000 per inmate per year.
Moreover, after one factor that death penalty trials cost at least $1.1 million more than non-death penalty trials, the conservative estimate concludes that California counties spend roughly $22 million per year more seeking execution than life without the possibility of parole.
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Justice Department officials would then make a final decision of whether to seek execution by late January.
Mr. Ashcroft did order federal prosecutors in Brooklyn to seek execution, although they had recommended against it.
In any event, the decision whether to seek execution of Mr. Hanssen will ultimately be made by Attorney General John Ashcroft.
The case drew wide attention early this year because Attorney General John Ashcroft overruled local federal prosecutors and directed that they seek execution.
In his nearly 25 years as the state's attorney in New Haven, Michael Dearington, now 68, has decided to seek execution twice.
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