(NBC NEWS) -- The fate of James Holmes, seen here during an earlier hearing is now in the hands of prosecutors who later this morning will announce their next move which could be to seek the death penalty.
Last week, they said they're not ready to accept a plea deal offered by the defense.
In that deal, Holmes would plead guilty and spend the rest of his life in jail, avoiding a possible death penalty.
Prosecutors said they haven't been provided key details they need to consider a plea.
They also say that by Holmes' making the plea offer directly to the court instead of them..
The defense has violated the gag order, and is not acting in good faith.
"This move counter move by the defense and prosecution, it doesn't accomplish much of anything except it tells us that there's probably not a plea agreement anytime soon in the case of People vs. James Holmes," said Legal Analyst, Scott Robinson.
Prosecutors have been talking with victims about their thoughts on pursuing execution.
Reactions are mixed.
"This is the guy who murdered my son so I don't have any problem with the state going through their process and putting this person to death," said Tom Sullivan, a victims father.
A death penalty case could take years to resolve.
An issue prosecutors have likely been weighing, in pursuit of a just punishment for the crime.