USA - Arizona. Judge Silvia Arellano removed Rudi Apelt from death today, ruling that he is mentally retarded

Judge Silvia Arellano of the Maricopa County Superior Court removed Rudi Apelt, a German national, from death today, ruling that he is mentally retarded. But in the same ruling Judge Arellano declared his brother Michael Apelt to be mentally competent, and his death sentence stands. Both brothers had petitioned the court for relief under a 2002 U.S. Supreme Court ruling forbidding executions of mentally retarded persons. Judge Arellano ordered that Rudi's case be remanded to the Superior Court for resentencing. He now faces a life sentence with a possibility of parole after 25 years. He already is serving 25 years to life for conspiracy to commit first-degree murder. The two broters were found guilty o f the Dec. 23, 1988 killing of Cindy Monkmank, 30, just married to Michael, in order to cash her 400.000 dollars life insurance.