one of two men sentenced to death after the prosecutor argued...

one of two men sentenced to death after the prosecutor argued inconsistent theories at their separate trials had his sentence overturned by the California Supreme Court.
"We conclude that fundamental fairness does not permit the People, without a good faith justification, to attribute to 2 defendants, in separate trials, a criminal act only one defendant could have committed," Justice Kathryn M. Werdegar wrote for the court.
The justices overturned the death sentence of Peter Sakarias for the 1988 murder of Viivi Piirisild, saying Deputy District Attorney Steven Ipsen engaged in willful misconduct by arguing different theories of each defendant’s role in order to maximize the possibility of winning 2 death sentences.
The court accepted the conclusion of its appointed factfinder, Los Angeles Superior Court Judge Thomas Willhite Jr., that Ipsen acted deliberately when he argued that Sakarias struck the victim 3 times with a hatchet, even though he had previously argued that Sakarias' accomplice, Tauno Waidla, inflicted the same 3 blows.
The court voted 6-1 to overturn Sakarias’ death sentence. Waidla and Sakarias were convicted 14 years ago.
That case is People v. Harrison, 05 S.O.S. 1169.