USA - Nevada. The Nevada Supreme Court overturned the death sentence of Pedro Rodriguez

The Nevada Supreme Court overturned the death sentence of Pedro Rodriguez. The Court unanimously upheld the 1st-degree murder conviction of Rodriguez for the murder of Kimberly Fondy, 33. But in a 4-3 split, the Court ruled the defense attorney for Rodriguez didn't present all the mitigating evidence at the 1st trial. The court said complete evidence was not presented to the jury, including his dysfunctional family, the physical abuse he suffered and that he may not have been the shooter in the killing. The Court remanded the case to Washoe District Judge Brent Adams in Reno for a new penalty hearing. According to court records, Rodriguez, who is now 31, Robert Servin and Brian L. Allen invaded the home of Kimberly Fondy in 1998, believing there was $35,000 in a safe. The woman was shot twice in the head. Servin, who was 16 at the time of the crime, was once sentenced to death but the court reduced that in an earlier ruling (see Oct., 17, 2001) to life in prison without the possibility of parole because there was a question whether he was the shooter. Allen, now 29, pleaded guilty and was sentenced to 2 consecutive life terms without the possibility of parole.