Tuesday, July 21, 2009

Stepdad looking for 3rd trial for killing 2-year-old stepson (Grand Chute, Wisconsin)

Stepdad ISRAEL ROBLES-FIGUEROA apparently hopes that a third trial will work like a charm.

http://www.postcrescent.com/article/20090721/APC0101/907210459/1979

Grand Chute man convicted in toddler's death seeks third trial
By Dan Wilson • Post-Crescent staff writer • July 21, 2009

APPLETON — A Grand Chute man convicted of killing his toddler stepson after a second trial now wants a third trial.

Israel Robles-Figueroa, 34, is serving a 30-year sentence on charges of first-degree reckless homicide and child abuse for the November 2002 beating death of Cristian Cisneros, 2, in their Grand Chute apartment.

Robles-Figueroa was convicted in 2003 and sentenced to 25 years in prison by Outagamie County Judge Joseph Troy.

Figueroa won the right to a second trial in 2005 after it was learned a juror at the 2003 trial made racist comments during deliberations.

Figueroa was convicted again in a 2008 jury trial and received a 30-year sentence.

At a hearing Monday in front of Outagamie County Judge Dee Dyer, Robles-Figueroa's appellate attorney, Richard Hart, presented Dyer with post-conviction motions for a new trial and a re-sentencing.

Hart, in his motions, argued Robles-Figueroa had ineffective counsel and a jury tainted by pre-trial publicity.

Hart also argued that Dyer arbitrarily added five years to Robles-Figueroa's sentence at the second sentencing hearing.

Dyer scheduled a hearing Aug. 13.