Former PA death row inmate freed after prosecutors drop charges before start of retrial
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YORK, Pa. (AP) -- A man formerly on death row has been released from prison following dismissal of murder charges in a double slaying a quarter-century ago that he blamed on his brother, who died in prison while appealing his own death sentence in the case.
Noel Montalvo, who turned 59 Tuesday, was freed Monday night after York County prosecutors dismissed charges of first-degree murder, conspiracy and burglary shortly before a retrial was to begin. He pleaded guilty to an evidence tampering charge for which the judge sentenced him to a year of probation.
Noel Montalvo was greeted by friends and supporters as he walked out of York County Prison a free man for the first time since 2002. He said he was looking forward to going back home and seeing his family, children and grandchildren, the York Dispatch reported.
"We're very happy with the outcome of the case," defense attorney Rick Robinson said.
Marshall Dayan, who chairs the board of Pennsylvanians for Alternatives to the Death Penalty and who worked on a federal case for Montalvo for many years, said Montalvo "steadfastly maintained his innocence." He said in a statement that the original conviction "evidences the arbitrariness, if not the discrimination, inherent in our criminal legal system, and in particular in our capital criminal legal system."