COEUR D'ALENE, Idaho -

Accused cop killer Jonathan Renfro appeared in Kootenai County courtroom Monday morning, his defense team hoping to take the death penalty off the table and coming up short in their efforts.

It took a judge less than 30 minutes to come to that decision. Renfro's defense tried to argue that the death penalty is a violation of his constitutional rights, adding that a lack of funding for defense in Idaho meant they didn't have enough time and resources to devote to Renfro, denying him his right to a fair trial.

Prosecutors however say the death penalty was a fitting option for a man who killed Coeur d'Alene Police Sergeant Greg Moore.

“He was a bad guy doing bad things and Sergeant Moore found him,” Kootenai County Sheriff's Lieutenant Stu Miller said.

Last May, shortly after he was arrested, Renfro admitted to killing Moore, saying he didn't want to go back to prison.

Moore had been responding to reports of a suspicious person when he was killed.

Renfro's attorneys also say the death penalty shouldn't be an option because of new legislative changes in the works. They say those changes will allow more time to devote to Renfro's case, however the judge went ahead and ruled Monday morning that when he goes to trial February 6 the death penalty will remain an option for prosecutors.