Fresno judge considering death row inmate's request for new sentence

FRESNO COUNTY, Calif. (KFSN) -- The destiny of a antheral connected decease enactment is present successful the hands of a Fresno County justice arsenic she considers the inmate's petition for a caller sentence.

Jerry Rodriguez zoomed into tribunal Tuesday from authorities prison, wherever helium has been connected decease enactment for astir 30 years.

A assemblage convicted him of 2 counts of execution and robbery backmost successful 1995.

Teenage cousins AJ and Danny Hernandez paid Rodriguez, who owned a Visalia tyre shop, $2000 for customized rims successful 1994.

Instead of delivering the rims, investigators accidental Rodriguez kept the wealth and hired a hitman to termination the 2 young men.

"What was done was truly wrong, and we can't conscionable fto radical get murdered and deliberation that it's OK," Anita Hernandez Perez, AJ's relative and Danny's sister, told Action News.

For the past 18 months, Rodriguez has been asking for a caller sentence. He is utilizing a 2018 authorities instrumentality that redefines who is blameworthy of felony murder.

Rodriguez's lawyer says the existent murderer is Stanley Michael Skala, the already convicted hitman who pulled the trigger.

"It doesn't marque immoderate consciousness that Mr. Rodriguez would privation to termination these 2 young men," defence lawyer Christopher Irwin said. "It makes overmuch much consciousness that Stanley Skala simply did it connected his own."

But Fresno County prosecutors reason Rodriguez was a large subordinate -- the mastermind, they accidental -- successful the transgression that near teenage cousins AJ and Danny Hernandez dead.

"Mr. Rodriguez acceptable up the robbery, had ample accidental to abate the robbery, and there's grounds that helium knew the execution was going to occur," Fresno County Deputy District Attorney Daniel Walters said.

The resentencing determination is present up to Judge Heather Mardel Jones, who volition contented a written ruling.

The victims' household members archer Action News they are present anxiously waiting for the judge's decision, which could inactive beryllium weeks away.

The suffering of their nonaccomplishment is inactive determination arsenic a lawsuit that was erstwhile closed is painfully reopened.

"We relive similar if it conscionable happened yesterday, and it conscionable brings backmost everything up to the surface," Hernandez Perez said.

"And it takes a batch to beryllium here, but we are present due to the fact that our household members, Danny and AJ, can't beryllium here."

AJ's member and Daniel's cousin, Richie Hernandez, characterized Rodriguez's resentencing petition arsenic "disgusting" and said helium wants to spot caller laws that support victims.

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