Monday, 27 August 2012
California High Court tosses death penalty for Inmate Miguel Angel Bacigalupo
SAN FRANCISCO -- The California Supreme Court has tossed out the death penalty of a man convicted of killing two San Jose jewelers more than 25 years ago.
The high court on Monday said Santa Clara County prosecutors failed to disclose credible information that Miguel Angel Bacigalupo carried out the 1983 murders of brothers Orestes Guerrero and Jose Luis Guerrero under threats from the Colombian mafia.
The court also reasoned had prosecutors done so, the jury in Bacigalupo's trial in 1985 may have been more sympathetic and recommended a sentence of life in prison.
Prosecutors argued Bacigalupo killed the brothers during a robbery.
Bacigalupo's first-degree murder conviction remains intact. The Santa Clara County District Attorney must now decide whether to hold a new penalty-phase trial or convert Bacigalupo's sentence to life without parole.