John Montenegro Cruz was given the death penalty for the 2003 murder of a Tucson police officer. The judicial system now deems that he should be re-sentenced.
In Tucson, there is a feeling of shock and dismay with the news that a murderer who had taken the life of a local police officer has been removed from death row.
In recent legal filings, it has been determined that inmate John Montenegro Cruz had his constitutional rights infringed upon, and as a result is entitled to a new sentencing hearing.
In February, Tthe Supreme Court vacating his death sentence, according to precedent, Cruz’s jury should have been told they had an option to give him a life sentence, and that a life sentence would have made him ineligible for parole.
The family of the late Officer Patrick Hardesty are not pleased with the change and have questioned the rights that Cruz took from Officer Hardesty.
As Mike Storie, the Hardesty family lawyer released in a statement, “No one can even begin to comprehend the suffering that this family has been made to endure for two decades and what they are still facing.”
In 2003, John Montenegro Cruz fatally shot Tucson Police Officer Patrick Hardesty and was consequently handed down a death sentence in 2005.
The Hardesty family is distressed over the fact that the capital punishment sentence has been removed from the accused. Storie made it clear that the county attorney had neglected the people affected by the case, causing them tremendous anguish.
Relief was expressed by Brick Storts, the lawyer of Montenegro Cruz, that the death penalty is no longer a looming possibility for his client.
Storts expressed certainty that the case would bring forth a just decision. “Now that the verdict has been reached,” they continued, “he will be up for resentencing and I’m certain a life sentence will be the outcome.”
Cruz’s potential re-sentencing is due to the fact that state errors have caused the court to have to reconsider their earlier rejection of the defendant according to Rule 32.1, as stated in the court documents.
Storie commented on the situation, noting, “It’s noteworthy that for 18 years they held a different viewpoint, but then these two women were elected and their own political beliefs took precedence.”
It is now up to Pima County Attorney Laura Conover to decide the outcome.
Conover stated that due to the United States Supreme Court’s identification of an error in the 2003 John Montenegro Cruz case, the Pima County Attorney’s Office has been assigned to handle the case. He further noted that a considerable amount of effort is required and the primary priority will be to communicate and consult with the listed victims. The PCAO is requesting the Court to extend the current deadlines to allow for this important work to be completed.
In contrast to Laura Conover’s opinion, Storie expressed that “she is not being truthful when she claims to still be considering this; her choice has already been made.”
Within the next two weeks, Conover must decide whether to impose the death penalty on Montenegro Cruz. It is well known that Conover is not in favor of capital punishment.
