CASTLE ROCK — Relatives of a prison guard killed by an inmate over a decade ago are fighting for the chance to testify about their opposition to the death penalty.

Lawyers for Eric Autobee's family are scheduled to make their case to a judge in Castle Rock Thursday. District Attorney George Brauchler plans to seek the death penalty for Edward Montour if he's convicted.

Autobee's family argues they have a right to testify during the penalty phase about how executing Montour would affect them. Brauchler says the law bars victims from testifying about their opinion on the death penalty because it would interfere with the jury's job.

Autobee's father has protested against the death penalty outside the courthouse during jury selection. He says he forgives his son's killer.