Lawyers for Christopher Monfort scored a major victory Friday in their effort to defend the 42-year-old accused of killing East Precinct police officer Timothy Brenton in October, 2009.

A King County judge agreed with a 129-page motion brought by the defense, ruling the state could note seek the death penalty in the case because county prosecutor Dan Satterberg’s office had “failed to exercise the discretion it is statuatorily and constitutionally obliged to exercise.” 

Satterberg announced he plans to appeal the decision to the state Supreme Court.