May 28, 2012 Source : http://www.mercurynews.com
SAN JOSE, Calif.—The state Supreme Court is set to hear a death row inmate’s appeal for a new trial after a judge found that prosecutors had withheld key evidence.
Miguel Bacigalupo was convicted in the 1983 slayings of two brothers, Jose Luis Guerrero and Orestes Guerrero, at their jewelry store in San Jose.
Bacigalupo, now 50, had argued that he was ordered to kill the brothers by the Colombian mafia and risked endangering his family if he did not comply. A judge three years ago found that a Santa Clara County prosecutor and her lead investigator had failed to disclose information that might have supported Bacigalupo’s claim.
The San Jose Mercury News reports (http://bit.ly/L8hK2P) that the Supreme Court will take up the case on Wednesday. It must decide whether to accept the judge’s findings.
Prosecutors have said the Colombian drug connection was deemed speculative.