By Howard Mintz firstname.lastname@example.org
Armed with a thick bundle of findings by a judge supporting claims of prosecutorial misconduct, the convict’s attorney on Wednesday will ask the California Supreme Court for a new trial in the 1983 slaying of two brothers in their San Jose jewelry store.
It is rare for the state’s high court to reverse a death sentence, but Bacigalupo, now 50, may have a better shot than most. That is because a superior court judge ordered by the Supreme Court to explore Bacigalupo’s case found three years ago that the lead prosecutor and investigator in the 1987 trial kept crucial evidence from the jury.
The Supreme Court must now decide whether to accept the judge’s findings.
The allegations have put the prosecutor and now superior court judge, Joyce Allegro, on the spot for nearly a decade as they’ve made their way through the sluggish death penalty appeals process.
“He was cheated out of a lot that should have been done,” said Robert Bryan, Bacigalupo’s lawyer.
Allegro said in an email she would be out of her office and unavailable until June. She has declined to comment on the appeal in the past. But the state attorney general’s office and Santa Clara County District Attorney’s Office have strongly defended the trial’s fairness.
The appeal stems from Bacigalupo’s
conviction for killing Jose Luis Guerrero and Orestes Guerrero, who owned a jewelry store on The Alameda. At trial, Allegro argued that Bacigalupo shot the brothers in a straightforward jewelry heist.
Bacigalupo, however, maintained that the Colombian mafia ordered him to kill the brothers and that his family would have been murdered if he failed to carry out the “drug hit.” The jury heard scant evidence to back up a connection with drug traffickers.
But evidence unearthed during the appeal suggested Allegro and particularly her lead investigator, Sandra Williams, had strong information from a confidential informant that might have supported Bacigalupo’s claim. And the appeal has hinged on the fact the prosecution team did not share that information with Bacigalupo’s defense attorney before trial, as the law requires.
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