Astorga trial reaches life, death phase

ALBUQUERQUE (KRQE) - A jury has decided to move forward to pursue the death penalty against convicted cop killer Michael Astorga.

Just over an hour into the second day of deliberations the sentencing jury announced its unanimous decision that Astorga had intentionally murdered Bernalillo County Deputy James McGrane Jr. in 2006.

On Monday defense attorneys thought they had influenced the jury to rule against the death penalty after the panel sent a note to the judge indicating some of them were struggling about whether Astorga was innocent.

But on Tuesday it seems that those opinions changed as the verdict was handed up.

McGrane’s family has been at the trial since the beginning and showed signs of relief as they heard the news.

“I put myself in God's hands, and I prayed for the right thing to happen to move the jurors in the right direction and God's working,” McGrane’s mother, Rita, told KRQE News 13.  "All we can do is keep our faith and know that our son was a great guy and honest and loving person and the truth would come out."

The jury will return Wednesday morning to hear arguments for and against death as this case moves to the next phase.

Also on Tuesday District Judge Neil Candelaria sentenced Astorga to life plus 13 years.  By doing that the jury will know exactly what he will have to serve if they choose not to execute him.

Defense attorneys say they plan on calling the Archbishop Michael Sheehanto talk about Astorga and a meeting they had over Easter.

The prosecution is fighting their attempts. The judge did not decide on if the archbishop can testify because he said he is waiting to hear from the Sheehan's attorney.