Do We Have Justice Anymore?

Some states love to boast about their ability to execute murderers at will. Kansas is one of those states. It was after all the place where Truman Capote wrote about the execution of two men in his book In Cold Blood.

You would think that when a man with deliberation, and planning goes to a church shoots and kills someone there would be outrage and strong calls for the death penalty. So why then is the prosecutor bringing charges against the pre-meditated murderer of Dr. George Tiller not seeking this sentence?  

This is one of the strongest arguments for abolishing capital punishment. It (capital punishment)  is too arbitrary and not uniformly applied. If this case doesn't merit an execution in order to set an example to deter anyone else from committing this crime, then what would?