Judge denies Maestas’ plea to be resentenced

A District Court judge denied child killer Beau Maestas’ plea to be resentenced Friday, saying he found no misconduct occurred while jurors contemplated Maestas’ fate.

Donald Mosley’s ruling means Maestas’ death penalty remains in place.

Maestas pleaded guilty in 2005 to fatally stabbing 3-year-old Kristyanna Cowan after a minor methamphetamine deal between Maestas and Cowan’s parents went bad. Cowan’s sister, Brittney Bergeron Himel, was left paralyzed during the attack.

Jurors considering Maestas’ sentence had four choices: they could have chosen death, life with the possibility of parole, life without the possibility of parole, or 100 years with parole eligibility after 40 years. The jury unanimously chose death.

Three years later, a juror contacted Maestas’ attorneys and claimed the forewoman of the jury made inappropriate comments that swayed the vote.

Attorneys have argued for months whether the forewoman made comments that amounted to jury misconduct. Mosley said Friday that she did not.

As far as the credibility of the juror who came forward, “I think it is absolutely nonexistent,” Mosley said. “It was a clear case of remorse. She became an advocate of the defendant.”