Killer gets life with no parole

Web Posted: 01/14/2008 10:57 PM CST

Elizabeth Allen
San Antonio Express-News

In Steve Rodriguez's new punishment trial for the 1990 murder of Agnes Herden, his worst-case scenario was the death penalty. His best case was becoming eligible for parole, which was iffy, given his conviction.


On Monday, his lawyers cut an unusual deal with the state to shorten the tedious and expensive process of retrying him for punishment, and they may have saved his life.

Prosecutors set it up so Rodriguez, 41, will serve the equivalent of life without parole, despite a law that allows this having gone into effect long after he was convicted.

They did that by getting Rodriguez to waive his constitutional protection against double jeopardy. Then they broke out three other violent felonies � burglary, assault on an elderly person and aggravated robbery � that when combined made the murder a capital crime. They had him plead guilty to each one in a hearing Monday afternoon, sentenced him to life for each and stacked those sentences.