A hearing to be held Dec. 5 will determine whether the district attorney handling the case, Howard Cummings, will push for execution by lethal injection if Cooper is convicted. Cummings said Friday that he will be gathering evidence ahead of next month's Rule 24 hearing on the death penalty question to determine if Cooper's alleged crime had any "aggravating" features, including actions that were "especially heinous, atrocious or cruel." He added: "We are not allowed to proceed capitally unless there are certain statutory factors beyond what is normally required to convict someone of first-degree murder." Canada's position on Canadian citizens facing execution unclear. http://www.canada.com/calgaryherald/news/story.html?id=12201ca1-75ee-41dc-b876-dfb7063f01a9 My feeling is that NC will not seek the DP.