The California Supreme Court reversed Miguel Bacigalupo’s death sentence Monday finding that the prosecution failed to turn over evidence that would probably have led to a sentence of life-without-parole.
Bacigalupo was convicted of the 1983 murders of two brothers in San Jose. The appeal, which has been pending in the California court system for over 20 years, found that the prosecutor, current Santa Clara County Superior Court Judge Joyce Allegro, and her lead investigator failed to turn over evidence that a Colombian drug cartel was involved in the crime. The suppressed evidence supported Bacigalupo’s defense that he committed the murders because the cartel threatened his family.
The Santa Clara District Attorney’s Office is currently deciding whether to again seek the death penalty or recommend Bacigalupo serve life-without-parole.
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