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Thread: Randy William Tundidor, Sr. - Florida Death Row

  1. #11
    Administrator Heidi's Avatar
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    Lawyers weigh impact of Broward judge's arrest on death penalty case

    A judge being prosecuted by the state for driving drunk should not be in charge of deciding whether a convicted killer lives or dies, a defense lawyer said Tuesday.

    Defense lawyer Richard Rosenbaum said he plans to file a motion to remove Broward Circuit Judge Cynthia Imperato from the Randy W. Tundidor murder case. Then Tundidor will seek a new trial, Rosenbaum said.

    Imperato, 56, was arrested last week in Boca Raton after a police officer saw her car weaving on the roadway. She refused a breath test and declined to cooperate when the officer asked her to step in front of her Mercedes-Benz.

    Imperato has now moved from the criminal division at the Broward Courthouse to handle foreclosure cases, leaving all her pending cases to Broward Circuit Judge Paul Backman. For most cases, changing judges is little more than an administrative complication.

    But Tundidor's is not like most cases.

    Tundidor, 46, was convicted in May 2012 of the murder of his landlord, Nova Southeastern University professor Joseph Morrissey, and the attempted murder of the professor's wife and son. Five months later, the jury unanimously recommended the death penalty.

    The case has been at a standstill since then, with the defense filing various motions hoping for a new trial. Tundidor was due in court Tuesday for a Spencer hearing, during which the defense argues for a life sentence rather than execution.

    But Imperato's arrest invigorated Rosenbaum's effort to win his client a new trial. He told Backman Tuesday that he wants Imperato off the case, and that any judge who tries to step in at the final stage would not be qualified to pass sentence without having sat in on the trial.

    Backman disagreed, saying he could review trial transcripts to bring him up to speed.

    Prosecutor Tom Coleman argued that Imperato, who is still a judge, can finish working on the Tundidor case even though she is now in a new division at the courthouse.

    Nova Southeastern University law professor Bob Jarvis said the defense is unlikely to prevail in its bid to get Imperato off the case unless that's what she wants.

    "There is no accepted standard for when a recusal is necessary," he said. "The question that comes up is, would a reasonable person say this judge cannot do justice in this case?"

    Jarvis said Imperato's "scrape" with the law is probably not enough to warrant her removal from the Tundidor case.

    "Nothing that happened that night [of her arrest] has made it so that she can't handle the sentencing," he said. "This case is ready for disposition."

    (Source: The Orlando Sentinel)
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  2. #12
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    Man convicted of professor's murder asks for re-trial

    A man who was found guilty of murdering a Nova Southeastern University professor is asking for his conviction to be tossed.

    Randy Tundidor faced a judge Monday morning. His attorney argued Tundidor deserves a new trial since the judge on the case was arrested on a DUI charge on Nov. 5.

    The 46-year-old was convicted of repeatedly stabbing his landlord, Joseph Morrissey, at the man's Plantation home before setting the place on fire in 2010. His son, Randy Tundidor Jr., was convicted as an accomplice.

    The victim was a professor at the College of Pharmacy at Nova.

    Tundidor faces the death penalty. Tundidor Jr. is already serving a 40-year sentence for second-degree murder.

    http://www.wsvn.com/news/articles/lo...#ixzz2mMBUMC92
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  3. #13
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    Re-trial request denied for convicted murderer

    A request for a re-trial has been rejected for a man convicted of murdering a South Florida professor.

    Randy Tundidor Sr. was in court, Monday, asking the judge for a new trial.

    and..

    Imperato schedules hearing in Tundidor death penalty case

    A Broward judge facing a DUI charge in Palm Beach County will continue to preside over the sentencing of a man convicted of killing his landlord – at least for now.

    Broward Circuit Judge Cynthia Imperato scheduled a hearing for Thursday for Randy W. Tundidor, who was found guilty last year of murdering Nova Southeastern University professor Joseph Morrissey and trying to kill Morrissey's wife and son.

    Imperato, 56, was arrested last month on suspicion of drunk driving in Palm Beach County. Her arraignment in that case is scheduled for Dec. 16.

    Chief Administrative Judge Peter Weinstein said Monday that Imperato's pending charge does not disqualify her from the bench or from overseeing proceedings in criminal cases. While Imperato has been reassigned to handle foreclosure cases, she is still able to finish working on a handful of criminal cases that were tried in front of her prior to her arrest, Weinstein said.

    A jury voted 12-0 last October to sentence Tundidor, 46, to death, but the case has been tied up in procedural appeals since then, and Imperato has yet to issue a death sentence. Last December, she sentenced Tundidor's son, Randy H. Tundidor, to 40 years in prison for his role in the Morrissey murder.

    The elder Tundidor's lawyer, Richard Rosenbaum, said he intends to ask Imperato to recuse herself from the case. Last month Rosenbaum said a judge should not be in charge of making a life-or-death decision on behalf of the same state that is prosecuting her in a criminal case.

    Prosecutors have opposed Rosenbaum's effort, arguing Imperato is still legally able to preside over hearings and issue a sentence.

    http://www.sun-sentinel.com/news/bro...,5544123.story
    An uninformed opponent is a dangerous opponent.

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  4. #14
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    Imperato holds on to Tundidor death penalty case

    By Rafael Olmeda
    The Sun Sentinel

    Broward Circuit Judge Cynthia Imperato has told prosecutors and defense lawyers that she intends to continue to preside over the case of Randy W. Tundidor, the Plantation man facing execution for the murder of his landlord in 2010.

    Defense lawyer Richard Rosenbaum had asked Imperato to step down from the case late last year, after the judge was arrested in Palm Beach County on suspicion of driving drunk. She has pleaded not guilty.

    Rosenbaum argued that a judge being prosecuted by the state should not be in charge of making a life-or-death decision on behalf of the state. Prosecutors and Imperato disagreed. Tundidor, 47, is due back in court next month.

    Tundidor was convicted in 2012 of murder, attempted murder, kidnapping, burglary, armed robbery and arson in connection with the April 5, 2010, death of Joseph Morrissey, a Nova Southeastern University professor. Prosecutors said Tundidor stabbed Morrissey to death and set fire to his home, with Morrissey's wife and young son still inside. The wife and son managed to escape relatively unharmed.

    The jury recommended the death penalty for Tundidor in a 12-0 vote in Oct. 2012. The judge is able to override their recommendation, but legal motions have kept the case at a standstill, with Imperato yet to make a final ruling.

    Rosenbaum said Thursday that he is still filing motions to win Tundidor a new trial or to have Judge Imperato removed from the case on the basis of her own arrest.

    http://articles.sun-sentinel.com/201...sity-professor

  5. #15
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    Sentencing of NSU professor's killer on hold, two years after conviction

    It's been more than two years since Randy W. Tundidor was convicted of the murder of his landlord, Nova Southeastern University professor Joseph Morrissey.

    It's been 20 months since the jury recommended 12-0 that he be executed for that grisly crime.

    But Tundidor, 47, still has not been sentenced. That should change this summer.

    Lawyers on both sides of the case acknowledge that a two-year gap between conviction and sentencing is rare in any case, even one involving the death penalty. But post-conviction appeals help explain why there has been such a lengthy delay for Tundidor.

    "It's no fault of the state," said prosecutor Tom Coleman. "We've been ready for two years."

    Tundidor was convicted of murder, attempted murder, armed robbery and kidnapping on May 9, 2012. The murder of Morrissey, 46, took place two years earlier. Prosecutors said Morrissey was starting the process of evicting Tundidor from a Plantation townhouse, and Tundidor recruited his son, Randy H. Tundidor, to attack the Morrissey home in the 600 block of Northwest 75th Terrace, also in Plantation.

    The younger Tundidor testified against his father, telling the jury that he kidnapped the Morrisseys and took them to a bank, where he forced them to withdraw $500. He then led them back to their home, where his father, he said, was keeping an eye on the Morrisseys' 5-year-old son.

    Afterward, the elder Tundidor stabbed Morrissey to death, then he and his son set fire to the house, intending to kill Morrissey's wife and son.

    Tundidor's lawyer was Christopher Pole, who became a Broward County judge a short time later. Tundidor claimed Pole was ineffective as a lawyer, leading to the first of two lengthy delays.

    Attorney Richard Rosenbaum, who sat with Pole during the trial to handle the sentencing phase, attempted to remove Broward Circuit Judge Cynthia Imperato from the case and have it reassigned to a judge from another county.

    "When a lawyer's competence is questioned and that lawyer is elevated to the bench, all of the judges in that circuit should disqualify themselves," Rosenbaum said. Rosenbaum did not believe a Broward judge could offer an unbiased opinion about the professional performance of another Broward judge.

    Imperato decided to stick with the case, and Rosenbaum failed to persuade Broward Chief Administrative Judge Peter Weinstein to intervene. Rosenbaum appealed and lost, then appealed again to the Florida Supreme Court, which refused to consider his argument.

    That process took more than a year, Rosenbaum said.

    While that was being argued, the jury returned to court in October 2012 and recommended the death sentence for Tundidor.

    The second significant delay started last November, when Imperato was arrested in Palm Beach County on a DUI charge.

    Again, Rosenbaum tried to have Imperato removed from the case. She was reassigned and no longer handles criminal cases, but she held on to the Tundidor case for the sake of continuity.

    The 4th District Court of Appeal affirmed Imperato's decision, and the Supreme Court again declined to take on the case.

    "I probably pursued appeals more aggressively than the average lawyer would," said Rosenbaum, who has handled successful appeals of numerous clients during his career.

    Now the Tundidor case is back on track and an end is in sight, Rosenbaum and Coleman said last week.

    Tundidor is due in court on Wednesday for a brief status conference, then will return in late July for a Spencer hearing, which gives the defense one more chance to plead for Tundidor's life before the judge imposes her sentence.

    Rosenbaum said he is tied to his client's wishes — Tundidor did not want any mitigating factors to be presented to the jury and he doesn't want any presented at the Spencer hearing.

    "He doesn't want to beg for his life," Rosenbaum said. "He wants to show that he's not guilty."

    After the Spencer hearing, Imperato can reach a decision at any time. Typically, the sentence is handed down no more than a few weeks after the hearing.

    Tundidor's son, 25, was sentenced in 2012 to 40 years in prison for his role in the crime.

    Linda "Kay" Morrissey, who survived along with her son, has attended nearly every one of Tundidor's court appearances.

    "She long ago resolved herself to see this to the end," said Coleman. "We're not there yet."

    http://www.sun-sentinel.com/news/bro...,6987993.story

  6. #16
    Administrator Helen's Avatar
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    Sentencing draws near for convicted killer — finally

    By Rafael Olmeda
    The Sun Sentinel

    The pre-sentencing saga of convicted killer Randy W. Tundidor will come to a close this summer, if all goes according to schedule.

    Tundidor, 47, will appear before Broward Circuit Judge Cynthia Imperato on July 28 for a Spencer hearing, which gives his lawyer one last chance to plead for Tundidor's life. The hearing also gives prosecutors a final opportunity to urge the judge to follow a jury's recommendation and order Tundidor's execution.

    Tundidor was convicted two years ago of the April 2010 murder of Nova Southeastern University professor Joseph Morrissey and the attempted murders of Morrissey's wife and son. Linda "Kay" Morrissey is likely to testify at the July 28 hearing.

    The same jury that convicted him recommended the death penalty by a unanimous vote in October 2012.

    But the case has been in limbo since then, with defense lawyer Richard Rosenbaum filing unsuccessful challenges to have Imperato removed from the case.

    The first challenge came because Tundidor's lawyer at trial, Christopher Pole, was appointed to be a Broward County judge. Rosenbaum said he couldn't expect one Broward judge, Imperato, to rule that another Broward judge, Pole, was ineffective as a defense lawyer.

    Rosenbaum's challenge went up to the Florida Supreme Court – and was shot down.

    A second challenge came last November, when Imperato was charged with driving drunk in Palm Beach County. Imperato was reassigned from the criminal division of the Broward Circuit Court, but held onto the Tundidor case against Tundidor's wishes.

    Again, Rosenbaum's appeal went to the Supreme Court, and again it was turned down.

    Tundidor, his lawyer, and prosecutors appeared before Imperato on Wednesday morning for a status conference, where the judge confirmed the scheduled date of the Spencer hearing.

    Morrissey was Tundidor's landlord and was beginning the process of evicting him from aPlantation townhouse.

    Once the Spencer hearing is over, Imperato will consider the arguments of both sides and set a date to issue a ruling.

    A jury's recommendation for the death penalty is not binding, but it is rare for a judge to override such a decision, especially when it's unanimous.

    Defense lawyers typically present the judge with "mitigating factors," details about the defendant's life that illicit sympathy and show he deserves mercy from the court.

    But Tundidor doesn't want the court's mercy.

    Rosenbaum has said his client intends to argue that he is innocent, despite the decision of the jury and the testimony of his son, Randy H. Tundidor, who is serving 40 years for his role in Morrissey's murder. The younger Tundidor said his father was the mastermind of the robbery, kidnapping, murder and arson at the Morrisseys' home in Plantation.

    http://www.sun-sentinel.com/news/bro...,1153084.story
    Last edited by Helen; 07-29-2014 at 08:17 AM.
    "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

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  7. #17
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    Hearing Held On Sentencing In NSU Professor Murder Conviction

    A life or death decision hangs in the balance as a Ft. Lauderdale judge holds a hearing on the sentencing of Randy Tundidor Sr. who was found guilty two years ago in the murder of Nova Southeastern University professor Joseph Morrissey in a landlord tenant dispute.

    During the hearing, Tundidor’s attorney Richard Rosenbaum will bring up what could be considered mitigating circumstances which could sway the judge from the death penalty which was unanimously recommended by the jury. When Tunidor was on trial, he refused to let his attorney discuss any mitigating circumstances.

    Tundidor Sr. was found guilty on all ten felony charges including first-degree murder, two counts of attempted murder, kidnapping, armed robbery and arson. His son, Randy Tundidor Jr., pleaded guilty to a reduced charge of second-degree murder to avoid the death penalty. Tundidor Jr. was sentenced to 40 years in state prison.

    At the start of Monday’s hearing, Morrissey’s widow talked about the horrifying night she, her husband and their child were taken hostage in the Plantation home in April, 2010.

    “The malice and hate he showed towards our family,” said Morrissey who added that night still haunts her and her son. “My little boy and I do not feel safe in our own home because we think the boogy man will come back to finish the job.”

    During Tundidor Sr.’s trial his son testified that it all started when his dad called him and asked if he knew anyone that could scare his landlord, Morrissey, because he was being evicted. Tundidor Jr. said he would do it.

    Tundidor Jr. testified that he tied up Morrissey and his wife Linda, spoke to his father by walkie-talkie, and was told to search for anything of value. He also said he had on latex gloves and had a gun but told his dad he wasn’t going to shoot anybody.

    When asked why they used walkie-talkies, he said it was because his dad told him “If they used a cell phone, they could be tracked.” He also said he covered the Morrisseys’ heads with towels, “because he didn’t want them to see his dad because he knew they would recognize him.”

    During the crime, the Morrisseys were forced at gunpoint to drive to an ATM and withdraw cash. When they arrived back at the Morrisseys’ Plantation home, Tundidor Jr. testified that he tied them up again with plastic ties and covered their heads with towels. He claimed his dad tried to find more stuff to steal. They found two laptops and he gave his dad the $500 cash from the ATM.

    At this point, with the Morriseys tied up in the bedroom, Tundidor Jr. said he wanted to leave. His dad refused and reportedly said Joseph Morrissey “has to die.”

    The younger Tundidor claimed his dad ordered him to retrieve Morrissey from the bedroom. The son testified his father put the gun to Morrisey’s head, but that it jammed. Tundidor Sr. then grabbed a knife and stabbed Morrissey twice, according to the son’s testimony.

    The son said Tundidor Sr. poured gas around the living room and kitchen and lit it on fire.

    Kay Morrissey said she and her son were able to escape after the Tunidors ran away.

    “The only reason Patrick and I survived is because the fire alarm goes off and Tunidor ran like a rat, out of the house, showing once again his cowardly nature,” Morrissey told the judge.

    To this day, Tunidor claims he’s innocent. In court Rosenbaum read a letter that Tundidor Sr. wrote to the judge which said in part that he played no part in Morrissey’s murder.

    “I asked no one to harm Mr. Morrissey,” Rosenbaum said as he read from the letter, “I did not kill Mr. Morrissey nor did I play a role in any crimes against the Morrissey fmaily. Under no circumstance is it in me to hurt a woman or a child, it’s not in me.”

    Kay Morrissey was not touched or moved.

    “I am not going to ask the Lord to have pity on your soul because that is between you and the Lord. If I was speaking to someone it would be to the people in jail to make sure that you make amends because you are a coward. They need to know you left me and my five year old boy in a burning home that you ignited,” said Morrissey. “Sir, now you go on and have a good life.”

    The hearing is expected to last two days.

    http://miami.cbslocal.com/2014/07/28...er-conviction/
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  8. #18
    Administrator Helen's Avatar
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    Convicted killer of NSU professor maintains innocence at death penalty hearing

    By Rafael Olmeda
    The Sun Sentinel

    In a final bid to avoid the death penalty for the 2010 murder of Nova Southeastern University professor Joseph Morrissey, Randy W. Tundidor wanted to call a parade of suspected and convicted killers to the stand Monday.

    By the time the day's proceedings were done, only two made it to the Broward courtroom where Tundidor, 47, is pleading for his life — and only one provided useful testimony.

    Tundidor's lawyer had announced plans to call Robert Oulton, Robert Mackey, Anthony Ferrari, Seth Penalver and others who have been tried or are awaiting trial on murder charges. The men were all expected to testify that they heard Tundidor's son, Randy H. Tundidor, deny his father played any role in Morrissey's murder.

    Oulton, 67, was arrested on April 10, 2010, and is charged with murdering his wife, Yvonne. Tundidor and his son were first jailed that same week, following Morrisey's murder on April 6, 2010.

    "Randy [the younger] said 'Dad didn't do it and I've got to get my dad a break,' " Oulton told Broward Circuit Judge Cynthia Imperato on Monday.

    Two years after the murder, the younger Tundidor told a different story to a Broward jury. He said he went with his father to the Morrissey home in Plantation late on April 5, 2010, broke into their house, kidnapped the couple and forced them to drive to a nearby bank to withdraw cash. His father, he said, stayed at the house as a threat to the Morrisseys' 5-year-old son, who was asleep at the time.

    After the younger Tundidor returned to the house with the Morrisseys, he said, his father stabbed Joseph Morrissey to death.

    Morrissey was the elder Tundidor's landlord and had begun the legal process of evicting the family from a Plantation townhouse.

    The younger Tundidor, now 25, pleaded guilty to second degree murder, kidnapping, arson and other charges, and agreed to testify against his father. He was later sentenced to 40 years in prison.

    The elder Tundidor was tried in April 2012 and convicted of first degree murder, kidnapping, arson and other charges. Six months later, the same jury unanimously recommended he be put to death for the crime. The recommendation is not binding, but it is rare for a judge to rule against it, especially when the vote is unanimous.

    Since then, the case has seen numerous delays, but Monday's "Spencer hearing," which is scheduled to continue Tuesday, marks the last scheduled proceeding before the judge imposes her sentence.

    A Spencer hearing typically gives the defendant one last chance to plead for mercy when facing the death penalty, but defense lawyer Richard Rosenbaum said begging for mercy is not on his client's agenda. Tundidor wants the judge to waive the death penalty because the jury got it wrong — he is actually innocent, Rosenbaum said.

    Referring to his strategy as "residual reasonable doubt," Rosenbaum said he is asking the judge to take his profession of innocence into consideration.

    The other witnesses on Rosenbaum's list have not been as cooperative as Oulton — at least not yet. Ferrari, who was convicted last year in the murder of Miami Subs founder Gus Boulis, refused to testify without a lawyer. He took the stand Monday, then told the judge he was concerned that he did not want to misspeak and have his testimony used against him should he be granted a new trial.

    Mackey, who is serving a 30-year sentence for accessory to murder in the 2007 death of Lorraine Hatzakorzian, refused to cooperate with the elder Tundidor's defense.

    Penalver, who served 18 years for the 1994 Casey's Nickelodeon murders before being found not guilty in a third trial in late 2012, still may take the stand for the elder Tundidor, Rosenbaum said. Penalver, a former death row inmate, has become an advocate against the death penalty since his release.

    http://www.sun-sentinel.com/news/bro...,2429010.story
    "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

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  9. #19
    Administrator Helen's Avatar
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    Defense lawyer accused of telling Tundidor to hide evidence

    By Rafael Olmeda
    The Sun Sentinel

    Randy W. Tundidor was following a lawyer's advice when he dismantled a gun that was used in the kidnapping of his landlord, Nova Southeastern University professor Joseph Morrissey, and Morrissey's wife in April 2010, a Broward judge was told Tuesday.

    At the time, defense lawyer Jim Lewis was representing Tundidor's son, Randy H. Tundidor, who was referred to as "junior" during court proceedings to distinguish him from his father.

    Another defense lawyer, Joseph Pappacoda, took the stand Tuesday during a hearing to determine whether Tundidor Sr. should get the death penalty for his role in Morrissey's murder. Pappacoda, the first lawyer to represent the elder Tundidor, said he learned early in the case that Lewis had instructed his client to get rid of the weapon.

    "Jim Lewis told him, 'Randy, you can't have that gun in your house. You have to get rid of the gun,'" said Pappacoda, testifying before Broward Circuit Judge Cynthia Imperato.

    Lewis denied telling anyone to get rid of evidence in a criminal case.

    http://www.sun-sentinel.com/news/bro...,1284082.story
    "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

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  10. #20
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    Tundidor sentencing scheduled for Friday

    Randy W. Tundidor, the Plantation man convicted more than two years ago of murdering his landlord, Nova Southeastern University professor Joseph Morrissey, and trying to kill Morrissey's wife and son by setting their house on fire, will learn Friday whether he is to be executed for the crime.

    Tundidor, 47, was found guilty in April 2012, and the same jury that convicted him unanimously recommended the death sentence six months later. But a string of complications and challenges delayed sentencing until now.

    Tundidor continues to profess his innocence. His son, Randy H. Tundidor, pleaded guilty to his role in the crime and testified against his father. The younger Tundidor was sentenced to 40 years in prison for the crime.

    Broward Circuit Judge Cynthia Imperato will rule after hearing from witnesses Friday morning.

    http://www.sun-sentinel.com/local/br...107-story.html
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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