Astoraga's Attorney Says Repeal Covers Current Capitol Cases

Michael Paul Astorga is charged with killing a Bernalillo County Sheriff's Deputy on March 21, 2006. His trial has been delayed after a motion to toss the death penalty was denied by District Judge Neil Candelaria.

Last week, Governor Bill Richardson signed a law repealing executions in New Mexico, but the law doesn't take effect until July 1, 2009. So, Bernalillo County District Attorney Kari Brandenburg has said she'd likely pursue a death penalty case against Astorga.

His lawyer Gary Mitchell told KRQE TV that the repeal should apply to his client.



The New Mexico Supreme Court ultimately may have to decide the issue.