The Delaware Supreme Court overturned the death sentence...

The Delaware Supreme Court overturned the death sentence of Sadiki Garden, convicted of killing Denise Rhudy, 36, during an attempted robbery in December 1999. The state's highest court, which split 4 to 1, overturned Garden's death sentence for the 2nd time in 13 months. The court ruled that although justices might not agree with the jury's conclusion, the jury's recommendation must be respected under the governing law and Garden should be sentenced to life in prison. Garden was first convicted in 2001. The jury had voted 10-2 in favor of life in prison. The judge rejected the jury's recommendation and sentenced Garden to death. But the state Supreme Court on January 27, 2003 ordered Superior Court Judge John E. Babiarz to resentence Garden, ruling that the judge had failed to give the jury's recommendation of life in prison the "great weight" it deserved. The case was returned to Babiarz, who again sentenced Garden to death in May. He said then the aggravating factors in the case far outweighed the mitigating ones.