PHOENIX — A German national was removed from Arizona's death row and will be resentenced because a judge ruled the man is mentally retarded.
Rudi Apelt, 49, now faces a life sentence with the possibility of parole after 25 years. He is already serving 25 years to life for conspiracy to commit first-degree murder.
Apelt was sentenced to death for helping his brother, Michael Apelt, kill Cynthia Monkman, a woman Michael had married and insured for $400,000. Michael Apelt, 46, was also sentenced to death.
Superior Court Judge Silvia Arellano determined this week that Rudi Apelt was mentally retarded. She found that Michael Apelt was mentally competent, and his death sentence stands.
"It's been clear to us from the beginning that he (Rudi Apelt) was a person with mental retardation, and under the law, it was the right decision," Rudi Apelt's public defender, Dale Baich, said Thursday.
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The victim's sister, Kathy Monkman, criticized the ruling.
"I don't think he's mentally retarded, but I'm not surprised at the decision," she said.
"And at this stage of the game, nobody cares anymore about the victim. There is never any closure, it's just how open is the wound."