Former Death Row Inmate Acquitted at Re-Trial

A jury in Arizona acquitted Christopher Huerstel of first-degree murder and of attempted armed robbery of a Tucson pizzeria in which 3 people were killed.  Huerstel, who was 17-years-old at the time the crime was committed, was orignally convicted along with a co-defendant and both were sentenced to death in 2001.  His conviction was overturned by the Arizona Supreme Court because of errors by the trial judge.  The jury at the re-trial was unable to reach a verdict on second-degree murder, and Huerstel may face another trial on that charge.   The defense claims that the prosecution had argued that there was no evidence of second-degree murder.  The prosecution was not able to seek the death penalty at Huerstel's re-trial because he had been a juvenile. 

(Tucson Citizen, Oct. 5, 2005).  See possible Innocence and Juveniles.