Astorga sentencing rehashes death trial

SANTA FE (KRQE) - Prosecutors trying to execute Michael Astorga are still working to convince the sentencing jury he is indeed a cop-killer.

But the fourth day of the hearing, Astorga's attorney continued to hammer at the lack of physical evidence tying Astorga to the murder scene.

One jury already has found unanimously it was Astorga who gunned down Bernalillo County Deputy James McGrane Jr. during a late-night traffic stop near Tijeras in 2006. Only one member of the new jury need have doubts for Astorga to be sentenced to life in prison instead of facing death by lethal injection.

On Wednesday DNA and weapons from the Albuquerque Police Department crime lab testified to their handling and analysis of evidence collected at the crime scene and from Astorga's 1991 Dodge pickup truck.

DNA specialist Catherine Dickey told the jury that even though there was no blood or DNA from McGrane on the truck, there was evidence Astorga had been in it.

David Garcia, friend of Astorga's who spent the day of the murder with him, claimed Astorga was driving a different car that day, something he said he remembered because the two had eaten sunflower seeds inside that car. But sunflower seeds were also found in the truck

"Sunflower seeds had DNA from both Michael Astorga and David Garcia" Dickey said

The murder weapon was never found, but Michael Haag testified about the bullet that killed McGrane and why he believed it was fired from a Glock semiautomatic pistol.

No gunshot residue was found on the truck although Haag said that may have to do with the type of bullet used in the murder.

That type of bullet likely would create less lead residue as it left the pistol, so the lack of residue on the door of the pickup truck does not exclude the weapon being fired there, he said.

The defense continued to press the lack of evidence tying Astorga to the crime scene.

A strategy they hope saves him from the lethal injection chamber when this jury decides life or death.

Jurors asked the gun expert more than a half dozen questions during today's testimony.