Ruling: Astorga can ask for two juries

ALBUQUERQUE (KRQE) - The New Mexico Supreme Court has ruled that accused cop-killer Michael Astorga may be allowed to choose if he'd like one jury to hear his trial and, if convicted, seat a second jury to decide on the death penalty.

Astorga is accused of killing Bernalillo County Sheriff's Deputy James McGrane during a traffic stop in Tijeras nearly four years ago. Astorga was wanted for another killing at the time.

His attorney argued that a national study found that if the same jury both decides the verdict and the death penalty, it's more likely to convict and execute.

Bernalillo County District Attorney Kari Brandenburg said she expects about a four-week trial starting May 3 to decide Astorga's guilt or innocence, and then, if he's found guilty, his sentencing on Sept. 12.

She said the sentencing phase could be lengthy because the second jury will have to hear evidence presented during the first trial.

While the New Mexico Legislature abolished the death penalty during last year's regular session, capital offenses committed before July 1, 2009, are still eligible for the death penalty.