In Philadelphia, Common Pleas Judge Carolyn Temin threw...

In Philadelphia, Common Pleas Judge Carolyn Temin threw out the second death sentence of Simon Pirela, 45, citing a 2002 U.S. Supreme Court ruling that executing mentally retarded killers is unconstitutional. Pirela, also known as Salvador Morales, a convicted multiple murderer, has been on death row for 21 years. He was convicted in 4 separate murder cases, and received the death penalty in 2 cases. A jury in 2000 changed the 1st death sentence to life in prison, and Judge Temin did the same for the 2nd death sentence. In her ruling, Temin said she concluded that Pirela was retarded based on medical and psychological evidence and testimony of family members and corrections officers. The first-degree murder conviction vacated by Temin involved the 1981 killing of 18-year-old Pablo Ortiz. In 1997, the state Supreme Court threw out Pirela's 1st death penalty, citing inappropriate comments made by a prosecutor. In that case, Pirela was convicted in the 1st-degree murder of Jorge L. Figueroa, who prosecutors said was "hacked" to death because he owed drug money to the Pirela brothers. The case went back for resentencing by a jury, which in 2000 changed the sentence to life in prison. Pirela also is serving a pair of life sentences for two more killings, of a pizza shop owner and a neighbor who angered him, prosecutors said.