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Noel Matos Montalvo - Pennsylvania
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Thread: Noel Matos Montalvo - Pennsylvania

  1. #1
    Join Date
    Oct 2010

    Noel Matos Montalvo - Pennsylvania

    Facts of the Crime:

    Convicted and sentenced to death along with his brother, Milton Montalvo, in the murders of Miriam Ascencio and Nelson Lugo on April 19, 1998.

    Noel Montalvo was sentenced to death in York County on April 14, 2003.

    For more on Milton Montalvo: http://www.cncpunishment.com/forums/...light=montalvo

  2. #2
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    On April 24, 2009, Montalvo filed a habeas petition in Federal District Court.


  3. #3
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    January 14, 2011

    Execution warrant signed for York County double murderer

    Gov. Ed Rendell signed an execution warrant Friday for a York County man who murdered his estranged common-law wife and her friend.

    Milton Montalvo, 48, was convicted in 2000 of two counts of first-degree murder for fatally stabbing and beating Miriam Ascencio and her friend, Nelson Lugo, in 1998. Lugo was also known as Manuel Santana.

    Montalvo's brother, Noel Matos Montalvo, 46, also remains on death row for the murders. Rendell signed an execution warrant for Noel Montalvo in July 2009, but it so far hasn't been carried out.

    Rendell signed a total of six execution warrants Friday -- the same day held a press conference to say the state's death penalty procedures need to be reviewed by the state Legislature and fixed.

    Rendell said he's signed 119 death warrants in his eight years as governor, but the state hasn't executed anyone since 1999.

    "(A) 15-, 20- or 25-year lapse between imposition of the death sentence and the actual execution is no deterrent," he wrote in a letter to the state's General Assembly. "To criminals on the street, our death penalty is simply not a reality."

    The background: The Montalvo brothers killed Ascencio and Lugo on April 19, 1998, at Ascencio's apartment in the 200 block of East Philadelphia Street in York City.

    Neighbors said they heard a man's voice demanding to be let in and a woman scream for someone to call police, but no one called.

    Prosecutors said the Montalvos beat and stabbed the victims to death. Ascencio had stab wounds to the eye and neck, a broken nose and numerous skull fractures. Lugo was stabbed once in the heart.

    At the time, York County Coroner Barry Bloss called the double slaying the most brutal he'd ever investigated.

    The Montalvos fled the area, but Milton Montalvo was caught by Miami Police in January 1999 during a Super Bowl weekend prostitution sting.

    Noel Montalvo stayed on the run until 2002, when the FBI caught him in New Jersey.


  4. #4
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Pennsylvania v. Montalvo

    Date: April 27, 2015

    Court: Pennsylvania Supreme Court

    Appellant Noel Montalvo was the brother of Milton Montalvo. Milton was convicted of the 1999 murder his common-law wife Miriam Ascensio. Appellant would later be charged as being an accomplice to the murder. More than three years after Milton was convicted of two counts of first-degree murder for the deaths of Miriam and Nelson, a jury convicted Appellant of first-degree murder for the death of Miriam, second-degree murder for the death of a friend of Miriam's, Nelson Lugo, conspiracy to commit murder, and burglary. Appellant applied for post-conviction relief, listing eleven alleged errors at trial that ultimately entitled him to relief. "As a result of the PCRA court’s failures, [the Pennsylvania Supreme] Court has no findings of fact, no determinations of credibility, and no legal conclusions regarding Appellant’s PCRA claims; in short, [the Court had] no basis upon which to conduct meaningful appellate review." The Court vacated the PCRA court's judgment, and remanded the case for further proceedings.
    An uninformed opponent is a dangerous opponent.

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  5. #5
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Toronto, Ontario, Canada
    Judge throws out York County killer's death sentence

    By Dylan Segelbaum
    York Daily Record

    A judge has thrown out the death sentence against a York County man who was found guilty in a 1998 double-murder, and ordered additional proceedings to determine whether he should again face the ultimate punishment.

    Milton Montalvo, 54, of York, was sentenced to death in 2000. He was convicted of two counts of first-degree murder in the killings of Miriam Ascencio, 44, his former girlfriend, and her friend, Manuel Santana, 37, a/k/a Nelson Lugo.

    On April 19, 1998, Montalvo and his brother, Noel, who was found guilty in a separate trial and also given a death sentence, broke into their apartment on East Philadelphia Street near North Pine Street and killed them, York City police said.

    Common Pleas Judge Richard K. Renn on May 22 denied a request to grant a new trial. But he found two reasons to order a redo of the penalty phase, in which jurors decide whether someone should be sentenced to death or to life in prison without the possibility of parole.

    First, Daniel Rendine, Montalvo’s attorney, was ineffective during the penalty phase, Renn said.

    Rendine could not be reached on Friday.

    Second, First Assistant District Attorney Tom Kelley made comments to the jury that its members would only be giving a “recommendation.” At one point, Renn said, Common Pleas Judge Sheryl A. Dorney indicated that in her instructions as well.

    But it’s, in fact, a final decision. The defense failed to object, Renn said.

    In an interview, Kelley said he used to characterize the jury’s decision as a recommendation because it’s the judge who actually imposes the sentence.

    Shawn Nolan, chief of the Federal Community Defender Office's Capital Habeas Unit, who’s representing Montalvo, could not be reached.

    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    “There are some people who just do not deserve to live,”
    - Rev. Richard Hawke

    “Men have called me mad; but the question is not yet settled, whether madness is or is not the loftiest intelligence"
    - Edgar Allan Poe

  6. #6
    Senior Member CnCP Legend JLR's Avatar
    Join Date
    Mar 2011
    Missing word helps lead to new trial for man on death row in 1998 double-murder in York

    By Dylan Segelbaum
    The York Daily Record

    A man who was sentenced to death for his role in a double-murder that happened in 1998 in York has been awarded a new trial because the judge misspoke when she instructed the jury about the legal principle of reasonable doubt

    Common Pleas Judge Sheryl A. Dorney told the jury in the trial of Noel Montalvo that if prosecutors had not sustained their burden, “then your verdict must be guilty.” The judge left out the word "not" before "guilty." He was later convicted of first- and second-degree murder, criminal conspiracy to commit criminal homicide and burglary.

    In an 80-page opinion dated Feb. 11, Common Pleas Judge Michael E. Bortner wrote that statement from his late colleague was “clearly a simple example of a jurist misspeaking during the lengthy process of instructing a jury.” He said it’s debatable the extent to which the error could’ve been corrected at trial — even if the defense had strenuously objected. The stakes of the case, he said, are too high.

    “We recognize the momentous import of this finding,” Bortner wrote. “We are compelled to grant the defendant a new guilt phase, which is to say the defendant is granted a new trial as a result of this claim of judicial error having been established".

    Bortner also found several errors that warranted a new penalty phase. For example, Francis Cutruzzula, Montalvo’s trial attorney, who’s since been convicted of tax crimes and disbarred in New Jersey, admitted that he “really did not prepare for the penalty phase.”

    On April 19, 1998, Montalvo, 54, of York, and his older brother, Milton, forced their way into the apartment of Miriam Ascencio, 44, on East Philadelphia Street near North Pine Street. She and her friend, Manuel Santana, 37, a/k/a Nelson Lugo, were fatally stabbed, York City police said.

    Ascencio had a broken nose and stab wounds to both eyes. She had nearly been decapitated. Meanwhile, Santana’s fingers were almost severed.

    Milton Montalvo, 56, of York, who had been in a relationship with Ascencio, was found guilty of two counts of first-degree murder and sentenced to death in a separate trial. He’s since been awarded a new penalty phase. The case is on appeal before the Pennsylvania Supreme Court.

    Jeff Marshall, Noel Montalvo’s attorney, said he expects the Pennsylvania Attorney General’s Office to appeal the decision.

    Marshall said it remains to be seen whether prosecutors will only appeal the judge’s decision to grant his client a new trial — or if they will also challenge the ruling to award a new penalty phase. He said “everything in this case seems to say Noel was not there.”

    “It’s a case that probably warranted a new trial,” Marshall said.

    In an email, Joe Grace, a spokesman for the Pennsylvania Attorney General's Office, said, "We will review the Judge’s ruling carefully".


  7. #7
    Senior Member CnCP Legend
    Join Date
    Jun 2015
    Bucks County Pennsylvania
    The judiciary in this state is trying to empty our death row. Unless a person's trial was perfect they grant a new trial or reduce the sentence. What a travesty of "justice".

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