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Updated: 2:22 p.m. Friday, Jan. 26, 2007 | Posted: 2:07 p.m. Friday, Jan. 26, 2007
Miguel Padilla's defense team has requested another sentencing hearing because they claim the jurors didn't get correct information.
Blair County District Attorney Rich Consiglio said re-sentencing is very common with high-profile death penalty cases, but has said this particular case should not have gotten this far.
The issue centers around information provided to jurors during the sentencing phase, indicating Padilla had an illegal firearm.
According to Padilla's attorneys, the jurors were told it was a felony charge when it actually was a misdemeanor. Consiglio said that is irrelevant because it was never a formal charge, only an aggravating circumstance.
Padilla killed three men at the UVA Club in August 2005.
Consiglio said, from his standpoint, nothing is wrong with the case and he is confident the jury's recommendation for the death penalty will be upheld, even if there is a re-sentencing hearing.
Padilla's sentencing is currently scheduled for February 1. If the hearing occurs, it would be the first time a death penalty phase is reheard in Blair County Court.
Stay with Channel 6 News for continuing coverage.
Previous Stories: November 29, 2006: Padilla Sentencing On Hold September 14, 2006: Jury Hears Closing Arguments In Padilla Death Penalty Phase September 13, 2006: Sentencing Phase Underway In Padilla Trial September 13, 2006: Padilla Found Guilty September 12, 2006: Jury Could Get Padilla Case Tuesday September 11, 2006: Prosecutors Wrap Up Case Against Padilla September 7, 2006: Second Day Of Padilla Trial Underway September 6, 2006: Triple-Murder Trial Underway In Blair County September 5, 2006: Blair County Triple-Murder Trial Set To Begin August 21, 2006: Jury Selection Begins In Miguel Padilla Case July 12, 2006: Supreme Court To Decide Padilla Murder Trial Jurisdiction May 11, 2006: Padilla Jury Will Not Be From Blair County April 20, 2006: Mexican Officials Say Judge Violated Law March 23, 2006: New Details In Padilla Murder Case March 10, 2006: Padilla Requests Change Of Venue February 23, 2006: Judge Rules Padilla Trial Is "Blair County Case" February 22, 2006: Padilla Judge Says Enough Is Enough February 10, 2006: New Lawyer For Padilla? August 31, 2005: Anger From Community August 30, 2005: New Details In Triple Murder
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