Convicted killer sprung from California death row

(mgnonline.com)
(mgnonline.com)
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Updated: 2/05 2:29 pm

SAN JOSE, Calif. (AP) — A man convicted of killing two San Jose jewelers more than 25 years ago has been released from death row.

The San Jose Mercury News reports Miguel Bacigalupo has been spared the possibility of execution because prosecutorial misconduct was found to have marred his 1987 trial.

The District Attorney's Office on Tuesday notified a judge that it will not retry the penalty phase of Bacigalupo's murder case. Prosecutors said they were satisfied he will spend the rest of his life in prison unless he can overturn his murder convictions in further appeals.

In 2012, the California Supreme Court tossed out the death penalty for Bacigalupo. The high court said prosecutors failed to disclose credible information that he carried out the 1983 murders of brothers Orestes Guerrero and Jose Luis Guerrero under threats from the Colombian mafia.

©2014 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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